TYPES OF PUNISHMENT UNDER THE BHARATIYA NYAYA SANHITA, 2023: A COMPREHENSIVE LEGAL ANALYSIS

AUTHOR– MANAS SHUKLA* & TANU AGARWAL**

* STUDENT BBA LLB(H), AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL LUCKNOW CAMPUS, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – MANAS SHUKLA & TANU AGARWAL, ROLE OF TORTS IN CONSUMER PROTECTION AND PRODUCT LIABILITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 144-151, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Bharatiya Nyaya Sanhita, 2023 (BNS), enacted to replace the colonial-era Indian Penal Code, 1860, marks a transformative shift in India’s criminal jurisprudence. This legislative reform reflects a conscious effort to modernize the punitive framework in line with constitutional values, evolving societal needs, and global trends in penology. Chapter II of the BNS (Sections 4 to 13) outlines the various forms of punishments available under the new regime, namely: death penalty, life imprisonment, rigorous and simple imprisonment, forfeiture of property, fine, and the newly introduced provision of community service. The inclusion of community service represents a significant shift towards restorative justice and the rehabilitation of offenders, particularly in cases involving petty or non-violent crimes. The paper critically examines the statutory scheme of punishments, emphasizing their gradation, proportionality, and judicial discretion. It further explores the procedural safeguards against arbitrary sentencing and solitary confinement, and analyzes enhanced punishment provisions for repeat offenders. Through a comparative lens with the Indian Penal Code, 1860, the study underscores the substantive and procedural advancements brought by the BNS. This analysis contributes to the broader discourse on criminal justice reform, advocating a balanced penal system that ensures deterrence, reformation, and fairness.

Keywords

Bharatiya Nyaya Sanhita 2023, types of punishment, criminal law reform, community service, solitary confinement, sentencing policy, proportionality, Indian Penal Code 1860, criminal justice, penal philosophy, enhanced punishment, imprisonment, restorative justice.

COMPARATIVE ANALYSIS OF IPC 1860 AND BNS 2023

AUTHOR– KRISHNENDRA SINGH* & TANU AGARWAL**

* STUDENT BBA LLB(H), AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL LUCKNOW CAMPUS, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – KRISHNENDRA SINGH & TANU AGARWAL, COMPARATIVE ANALYSIS OF IPC 1860 AND BNS 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 152-160, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Indian Penal Code (IPC), enacted in 1860 during British colonial rule, remained the principal criminal statute in India for more than 163 years. Designed to serve colonial administrative interests, the IPC emphasized control over justice, with limited adaptation to evolving societal norms, technological developments, or indigenous values. Recognizing the urgent need to modernize and decolonize the penal system, the Bharatiya Nyaya Sanhita (BNS), 2023 was introduced and enacted by the Parliament to replace the IPC entirely. This research paper presents a comprehensive comparative analysis between the IPC and BNS, examining differences in legislative structure, terminology, classification of offences, and the philosophical underpinnings of criminal law.

Key features of the BNS include the repeal of outdated colonial provisions such as the sedition law, codification of new offences like organized crime and terrorism, recognition of digital and cybercrimes, and a more victim-centric approach to justice. Moreover, the BNS emphasizes gender neutrality, simplifies archaic language, and seeks to make the justice system more accessible and efficient for Indian citizens. The study also explores the implications of these changes on law enforcement, judicial interpretation, and access to justice. Overall, the transition from IPC to BNS signifies not just a statutory change, but a paradigm shift from colonial criminal jurisprudence to a progressive, inclusive, and constitutionally aligned legal framework.

Keywords: Indian Penal Code 1860 (IPC); Bharatiya Nyaya Sanhita 2023 (BNS); Comparative Criminal Law; Decolonization of Indian Law; Criminal Justice Reform; Legal Modernization in India; Victim-Centric Criminal Justice; Cyber and Digital Offences; Colonial Legacy and Indian Legal System; Gender Neutrality in Criminal Law; Sedition Law Repeal; Organized Crime and Terrorism Legislation; Access to Justice in India; Criminal Jurisprudence India; Law Reform in 21st Century India.

THE ELASTIC BOUNDARIES OF FREE SPEECH: A CONSTITUTIONAL STUDY OF ARTICLE 19(1)(A) AND ITS LIMITATIONS

AUTHOR- AAYUSH NAWALE, RASHTRA SANT TUKDOJI MAHARAJ NAGPUR UNIVERSITY’S DR. BABASAHEB AMBEDKAR COLLEGE OF LAW NAGPUR, (MAIN BRANCH) EMAIL – AAYUSHNAWALE0723@GMAIL.COM

BEST CITATION – AAYUSH NAWALE, THE ELASTIC BOUNDARIES OF FREE SPEECH: A CONSTITUTIONAL STUDY OF ARTICLE 19(1)(A) AND ITS LIMITATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 449-454, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Freedom of speech and expression, as enshrined in Article 19(1)(a) of the Indian Constitution, serve as a fundamental pillar of democratic governance and active citizenship. However, this right is not without limits; it is subject to the constraints outlined in Article 19(2), which permits the imposition of reasonable restrictions on the interests of India’s sovereignty and integrity, state security, public order, decency or morality, contempt of court, defamation, and incitement to an offense. This study aims to examine the constitutional framework of Article 19(1)(a), with a particular focus on its flexibility—its ability to adapt to new realities, technologies, and societal values. By delving into the judicial evolution through landmark judgments such as Romesh Thappar, Maneka Gandhi, Shreya Singhal, and Kedar Nath Singh, the paper assesses how the judiciary has defined the doctrinal boundaries of free speech. It also explores the interaction between Article 19(1)(a) and contemporary challenges, such as hate speech, sedition laws, and the regulation of digital platforms. The rise of social media has blurred the lines between private and public speech, necessitating the redefinition of rights and responsibilities in cyberspace. A comparative constitutional analysis with jurisdictions such as the United States, the United Kingdom, and Germany is conducted to situate India’s free-speech regime within a global context. The paper concludes by emphasizing the need to balance liberty with order, while upholding constitutional morality and democratic integrity. It advocates for nuanced jurisprudence capable of withstanding populist pressures and state overreach, ensuring that the right to free speech remains a strong safeguard of democratic discourse. Through doctrinal, historical, and comparative perspectives, this study reaffirms the critical importance of Article 19(1)(a) of contemporary constitutionalism.

Keywords: Freedom of Speech, Article 19(1)(a), Reasonable Restrictions, Indian Constitution, Judicial Interpretation, Hate Speech, Sedition, Democracy

ROLE OF TORTS IN CONSUMER PROTECTION AND PRODUCT LIABILITY IN INDIA

AUTHOR – HARJAS KAUR, LAW STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA

BEST CITATION – HARJAS KAUR, ROLE OF TORTS IN CONSUMER PROTECTION AND PRODUCT LIABILITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 139-143, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study examines the complex interplay between the Consumer Protection Act of 1986 and Tort Law, highlighting how both contribute to the welfare of Indian consumers.  As industrialisation and mass consumption increase, people are more vulnerable to subpar products and services.  With a particular focus on the application of tortious concepts like strict liability and negligence in the context of product liability, the article examines the legal framework governing consumer rights and remedies. Important legal issues are investigated using the IRAC (Issue, Rule, Application, Conclusion) process, including the liability of product makers, medical practitioners, and transportation service providers under both tort and consumer protection laws.  To demonstrate changing judicial patterns, case laws such as Donoghue v. Stevenson, Indian Medical Association v. V.P. Shantha, and Hindustan Antibiotic Ltd. v. Lalita Devi are examined.  The study’s conclusion emphasises the necessity of more expansive legal definitions and strict enforcement in order to preserve consumer confidence and advance a responsible, balanced market system.

A CRITICAL EXAMINATION OF JUVENILE JUSTICE, EDUCATIONAL EXCLUSION, AND SYSTEMATIC MARGINALIZATION

AUTHOR – KRITIKA SONDHIYA, LAW STUDENT AT DEPARTMENT OF ECONOMICS, JAGRAN LAKECITY UNIVERSITY

BEST CITATION – KRITIKA SONDHIYA, A CRITICAL EXAMINATION OF JUVENILE JUSTICE, EDUCATIONAL EXCLUSION, AND SYSTEMATIC MARGINALIZATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 123-138, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. ABSTRACT

This article explores how India’s juvenile justice and educational systems interact to purposefully exclude vulnerable children through the dynamics of the school-to-prison pipeline. This term describes institutionalized practices that divert children from schools and into the criminal justice system, particularly from economically disadvantaged, Dalit, Adivasi, and Muslim communities. The research investigates how exclusionary school discipline techniques like corporal punishment, zero-tolerance discipline, expulsions, and the absence of psychosocial support disproportionately target marginalized students. These children, when they get pushed out of the school system, tend to find themselves in environments that subject them to delinquent behaviors, resulting in early criminalization. Besides, the paper also critiques structural weaknesses of India’s juvenile justice system, including overcrowded observation homes, having no legal aid, poor rehabilitation centers, and the lack of effective implementation of the Juvenile Justice (Care and Protection of Children) Act 2015. These are perpetuating vulnerabilities of the concerned children rather than alleviating them. With a blend of policy examination, quantitative analysis by NCRB and UDISE+, and judicial  understanding, the paper underscores the system failures that criminalize instead of protecting children. It ends with a call for integrated reforms within educational and justice systems to end the pipeline and provide equitable restorative assistance to all children.

A STUDY ON ROLE OF MEDIATION AS DISPUTE RESOLUTION MECHANISM WITH RESPECT TO MATRIMONIAL DISPUTES

AUTHOR – RAHUL V, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS), CHENNAI

BEST CITATION – RAHUL V, A STUDY ON ROLE OF MEDIATION AS DISPUTE RESOLUTION MECHANISM WITH RESPECT TO MATRIMONIAL DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 107-122, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Among Social Institutions marriage and family are important institutions. They form the basis of society. From time immemorial, marriage is considered to be sacrament, permanent, indissoluble in Hindu mythology while in religions such as Muslims, Parsis, Christians etc marriage is nothing but is a special civil contract. With the evolution of society, the concept of marriage also changed. Such an attitude of society towards marriage has not only affected the morality in society but at the same time has also flooded the Indian Judiciary with millions of pending litigations. In order find the alternative for this problem  it was found that Alternative Dispute Resolution forums such as Mediation is an effective solution for dealing with matrimonial dispute as Matrimonial Mediation saves precious time, energy and money of parties, apart from saving them from the harassment and hassles of a prolonged litigation. Its procedure is simple, informal and confidential and reduces worry and tension associated with litigation. The main objective of this paper is to study how mediation is helping in resolving disputes between parties. The paper has conducted an empirical study with primary and secondary sources with the response of 200. The results provide that mediation reduces the burden of Indian judiciary as well as solve the issue among parties without much struggles.

KEYWORD: mediation, disputes, mythology, sacrament, matrimonial.

AUGMENTATION OF THE NETWORK OF CRYPTOGRAPHIC ASSETS: A COMPREHENSIVE ANALYSIS ON THE ESCALATION OF FINANCIAL FRAUD THROUGH CRYPTOCURRENCIES

AUTHOR – SUBHRA DAN, STUDENT AT ADAMAS UNIVERSITY

BEST CITATION – SUBHRA DAN, AUGMENTATION OF THE NETWORK OF CRYPTOGRAPHIC ASSETS: A COMPREHENSIVE ANALYSIS ON THE ESCALATION OF FINANCIAL FRAUD THROUGH CRYPTOCURRENCIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 101-107, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The globe has been witnessing a drastic transposition in every aspect of trading, commerce, fintech and other media after the advancement of technology. With the course of modernization and digitalization, the world glimpsed the creation of blockchain technology in the late nineteenth century. The invention of Bitcoin stemming from blockchain or e-leger technology is considered the cornerstone of crypto trading throughout the world. The decentralized e-leger technology allows all the traders and investors to regulate and spectacle all the transactions that go on in the blockchain. However, as the identity of the traders is anonymous in the crypto market, so in the past few years this market has been exclusively explored for exercising the evil practice of money laundering or financial fraud. The notable toolboxes that are used by the malefactors include tumbling or mixing, chain hopping, Burner’s wallet, privacy escalating cryptos like Monero, money mules etc. The rapidly evolving world is modernizing the methodology of committing malfeasance. Due to the dearth of suitable legitimate guidelines or legal frontiers to regulate the crypto market or any sort of trading through cryptocurrencies, there is a noticeable surge in the transgressions related to monetary transactions through crypto trading platforms. The paper has exclusively adopted the doctrinal methodology of research and has studied the contemporary trends of crypto-market along with the factors that contribute in an escalation of money laundering through crypto trading platforms. A kaleidoscopic prospect of cryptocurrencies and their extreme usage in money laundering has been analysed in-depth throughout the chapter. This analytical piece endeavours to explicate the contemporary scenario of the filigree of financial fraud through the crypto transaction along with the urgent need for legitimate frontiers to secure the prospect of the entire globe in the online trading platform through crypto coins.

Key words

Cryptocurrency, money laundering, blockchain, cybercrime, digital transaction, white-collar crime.

CONCEPT OF FAIR USE IN INDIA AND ABROAD: A COMPARATIVE AND ANALYTICAL STUDY OF AN EXCLUSIVE DEFENSE IN LAW OF COPYRIGHT

AUTHOR – ANURUDH UPADHYAY, ADVOCATE (BALLB), CHAUDHARY CHARAN SINGH UNIVERSITY, MEERUT

BEST CITATION – ANURUDH UPADHYAY, CONCEPT OF FAIR USE IN INDIA AND ABROAD: A COMPARATIVE AND ANALYTICAL STUDY OF AN EXCLUSIVE DEFENSE IN LAW OF COPYRIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 93-100, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Notion of “Fair Use” serves as a core value for any Copyright Regime. Basically, this doctrine aims to strike a harmonious balance between the creator of an original work and interests of public at large by permitting a narrow or restricted usage of an original copyrighted work without needing to seek the prior permission from the holder of copyright. Indian Copyright Act of 1957 in its Section 52 talks about the Doctrine of “Fair Dealing” and this doctrine is also an embodiment of “Fair Use”. Key motives behind the adoption of this doctrine are utility of a copyrighted work for the socially significant pursuits and also to be used for the purpose of criticism, private study, review, reporting of news and for research purposes. Section 52 of Copyright Act 1957 plays a role like a fundamental pillar of copyright regime in India, this section classifies the acts, which cannot be treated an infringement of copyright, which also includes the fair dealing with creative works such as artistic, dramatic, literary and musical works. But it is pertinent to note that these do not include a computer program. This research paper explores into a brief examination of Section 52 of Principle Act (referred to as Copyright Act, 1957), elements to prove a fair use of original work without owner’s prior approval, relevancy of this doctrine and notable judicial pronouncements highlighting the significance of “Fair Use” Doctrine.

Key Words: The Copyright Act of 1957, Fair Use, Fair Dealing and Copyright Regime.

BALANCING INNOVATION AND COMPETITION: ANALYZE INTERPLAY BETWEEN IPR AND COMPETITION LAW

AUTHOR – DEVANSHI BAJPAI, LLM SCHOLAR AT CORPORATE BANKING AND INSURANCE LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – DEVANSHI BAJPAI, SEBI TAKEOVER CODE: AMBIGUITIES, EXPLOITATIONS AND REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 82-92, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Innovation is the calling card of the future.” – Anna Eshoo

Intellectual Property Rights (IPR) and Competition Law intersect at the delicate balance between fostering innovation and ensuring fair market competition. While IPR incentivizes creativity through exclusivity, unchecked monopolies can suppress competition and limit consumer choices. On the other hand, Competition Law prevents anti-competitive practices but, if overly stringent, may discourage research and development.

This research paper examines the complex interplay between these two legal frameworks, focusing on Indian jurisprudence and landmark cases like Ericsson v. Competition Commission of India and Google LLC v. CCI, which highlight issues such as patent abuse, predatory pricing, and refusal to license. It also explores statutory provisions, international practices, and concerns like patent thickets and evergreening.

By analyzing judicial precedents and legal principles such as Lex specialis derogat legi generali, the paper emphasizes the need for a balanced approach. It advocates for regulatory reforms, stricter oversight by the Competition Commission of India (CCI), and strategic use of compulsory licensing to prevent misuse of IPR while fostering competition.

With rapid technological advancements reshaping markets, India’s legal framework must evolve to protect both innovation and fair competition. This study offers insights and recommendations for a legal landscape where both objectives coexist effectively.

Keywords – Innovation, Market Fairness, Monopoly Power, Market Distortion, Abuse of Dominance, Anti-Competitive Practices, Cartelization, Price-Fixing, Predatory Pricing, Level Playing Field, Patent Abuse, Excessive Royalty Fees, Anti-Competitive Agreements, Market Monopolization, Consumer Exploitation.

SEBI TAKEOVER CODE: AMBIGUITIES, EXPLOITATIONS AND REFORMS

AUTHOR – AJINKYA RAJPUT & JANHAVI JOSHI, STUDENTS AT INDIAN LAW SOCIETY (ILS)

BEST CITATION – AJINKYA RAJPUT & JANHAVI JOSHI, SEBI TAKEOVER CODE: AMBIGUITIES, EXPLOITATIONS AND REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 75-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The SEBI Takeover Code 2011 governs substantial acquisitions and takeovers in India, aiming to ensure transparency, fairness, and minority shareholder protection. However, ambiguities in its provisions—particularly the definition of “control”—have led to regulatory loopholes and exploitation in high-profile M&A deals. This article examines key ambiguities in the Code, such as the subjective interpretation of control (including veto rights and indirect acquisitions), the creeping acquisition limit, and the challenges in enforcing provisions related to Persons Acting in Concert (PACs). Through case studies like Subhkam Ventures, Future-Reliance, Cairn-Vedanta, and NDTV-Adani, the article highlights how acquirers bypass open offer obligations by structuring transactions through indirect holdings, asset transfers, or layered ownership. The analysis also explores SEBI’s regulatory evolution, explaining how the 2020 amendments addressed some gaps still some critical issues remain, such as weak minority shareholder safeguards and the lack of clarity on new-age company takeovers. The article concludes with recommendations for reform, including stricter definitions of control, enhanced PAC oversight, and robust mechanisms for indirect acquisitions to align the Code with its legislative intent of market integrity and investor protection