Bharatiya Nyaya Sanhita: Crime Definitions, Elements & Punishments
Module 1: Definition of Crime
1. Definition of Crime
1.1 Meaning and Concept
The term crime is derived from the Latin word crimen, meaning offence or fault.
A crime is an act or omission that violates the law, causes harm to an individual or to society, and is punishable by the State. It represents conduct that the State considers socially dangerous and therefore prohibits through legislation.
The Bharatiya Nyaya Sanhita, 2023 (BNS) does not define crime in a single provision, but the entire Sanhita
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Arrest: Introduction and Legal Basis
TOPIC: ARREST (INTRODUCTION): Arrest is the first step in the criminal justice process. Article 5(1) of the Federal Constitution protects personal liberty and states that no one can be deprived of liberty unless it is according to law. Therefore, an arrest must be made lawfully and based on legal provisions. An arrest can be challenged in court if it has no valid reason or if excessive force is used.
Why determine whether there is an arrest? Some rights of a suspect
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Court Functions
4 functions of courts: Due process, crime control, rehabilitation, bureaucratic functions.
Jurisdiction
Jurisdiction: geographic, concurrent.
Court Structure
Trial courts – first level; hear evidence and issue verdicts.
Appellate courts – review rulings for legal error; no new evidence.
Dual court system – separate federal and state court systems with shared authority.
Supreme Court Jurisdiction
Jurisdiction of the Supreme Court – original (e.g., disputes between states, ambassadors), appellate
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Section 30: Confession of a Co-Accused in Joint Trials
When more persons than one are being tried jointly for the same offence, and a confession made by one of those persons affecting himself and some other of those persons is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession.
Explanation of “Offence”
“Offence” as used in this section includes the abetment of or attempt to commit the offence.
Illustrations
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Presidential Clemency, Due Process, and Justice for All
Presidential clemency is a core constitutional power where mercy, accountability, and the rule of law must all be considered. The recent use of clemency by Joe Biden and Donald Trump highlights two distinct approaches to this power and its meaning for American justice. Both presidents exercised clemency for individuals personally connected to them, raising questions about impartiality. However, the sharpest contrast lies in how they utilized
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Arrest