LEGAL SECTION😊

Change in Indian Laws

• IPC → BNS (Bhartiya Nyaya Sanhita)
• Total: 358 sections

• CrPC → BNSS (Bhartiya Nagarik Suraksha Sanhita)
• Total: 531 sections

• IEA → BSA (Bhartiya Sakshya Act)

Criminal Responsibility, Consent & Male Offenses

Criminal Responsibility:

• 20 : Crime done by person <7 years Not liable.

• 21 : Crime done by person 7-12 years Punishable only if mentally mature.

• 22 : Crime done by insane person Not liable (McNaughton’s rule).
• Note : Rules a/w criminal responsibility for mentally ill:
• McNaughten’s rule.
• Durham’s rule.
• Curren’s rule.
• Irresistible impulse test.
• American law institutes.

Criminal Responsibility of Insane

• Law used: McNaughten Rule

McNaughten Rule

• Implemented in 1843

• Other Names: Right or wrong test, Legal test

• McNaughten was insane

• Law states:
• An accused is not legally responsible if, at the time of crime, due to defect of reason from abnormality of mind, he did not know:
• The nature and quality of the act, or
• That what he was doing was wrong

22 BNS

• Nothing is an offence if done by a person who, at that time, due to unsoundness of mind, is incapable of:
• Knowing the nature of the act, or
• Knowing the act is wrong or contrary to law

Insanity Laws or Rules

American Law Institute (ALI) Test

• Implemented: 1972

• A person is not responsible if, at the time, due to mental disease or defect, he:
• Lacks adequate capacity to appreciate criminality or
• Lacks capacity to adjust conduct to law requirements

• Mnemonic: AAA
• A: American Law
• A: Appreciate the criminality
• A: Adjust his conduct

Currens Rule

• No criminal responsibility if, at the time, due to mental disease or defect, lacked capacity to regulate conduct to law

• Mnemonic: CCC
• C: Currens rule
• C: Capacity to regulate
• C: Conduct

• Same as Brawners rule but uses substantial capacity

Durham Rule

• Other Name: Product test

• No criminal responsibility if unlawful act is the product of mental disease or defect

Irresistible Impulse Test / Hampshire Doctrine

• No criminal responsibility if the accused:
• Knows nature and quality of act, and
• Knows it is wrong, but
• Is incapable of restraining himself due to mental disease
• Free agency of will destroyed by mental disease
• Cannot hampen our own will

Consent:

• Min age : 12 yrs.

• For major procedures : 18 yrs.

• Act done in good faith for benefit of a person without consent : Emergency (BNS 30).

Male Offenses [P & D]:

• 74 [P] : Indecent assault
• Act outraging modesty of a woman
• punishable.

• 75 [D & P] : Sexual assault
• Touching female inappropriately
• forcibly showing pornography
• demanding sexual favors

• 77 [D & P] : Voyeurism.

• 78 [D & P] : Stalking.

• 80 [P] : Dowry death.

• 62, 63 (rape) → 74, 75 (indecent, sexual assault)

Homicide, Hurt & Medical Negligence

Homicide:

• 100 [D] : Culpable homicide.

• 101 [D] : Definition of murder

• 103 [P] : Punishment for Murder (101)

• 105 :
• Punishment for culpable homicide not amounting to murder (105)

• 106 [P] :
• Patient dies due to medical negligence.

Hurt:

• 114 [D] : Hurt.

• 115 [P] : Voluntarily causing hurt.

• 116 [D] : Grievous hurt:
• Usually involve penis, face/head or bone



• a. Emasculation.
• b. Permanent privation of the sight of either eye.
• c. Permanent privation of the hearing of either ear.
• d. Privation of any member or joint.
• e. Destruction or permanent impairing of any member or joint.
• f. Permanent disfiguration of the head or face.
• g. Fracture or dislocation of bone or tooth.
• h. Any hurt which:
• Endangers life or
• Which causes the sufferer in severe bodily pain or unable to follow his daily ordinary pursuits for 15 days.

• 117 [P] :
• Voluntarily causing grievous hurt.

• 118 (1) [P] :
• Voluntarily causing hurt with dangerous weapon/means.

• 118 (2) [P] :
• Voluntarily causing grievous hurt with dangerous weapon/means.

• 123:
• Hurt by “Poison” with intent
• NOTE
• 286 (IPC 284)
• Deals with negligent conduct with respect to poisons

• 124 [P] :
• Vitriolage (Acid attack).
• Mnemonic: countdown 1 - 2- 4- acid

Criminal force and assault

• 129 BNS:
• Defines criminal force

• 130 BNS:
• Defines assault (attempt or threat to use criminal force)

Medical Negligence:

False Evidence

• 227 BNS: Perjury definition (giving false evidence)

• 228 BNS: Fabricating false evidence

• 229 BNS: Punishment for perjury (false evidence: up to 7 years)

• 234 BNS: Issuing false certificate

• 238 BNS: Disappearance of evidence of offence

• 296 BNS: Obscene acts (exhibitionism)

• 72 BNS: Revealing identitiy of rape victim