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Criminal Law


Bharatiya Nyaya Sanhita 2023: Key Changes from IPC Every Citizen Must Know
India's criminal justice system underwent its most significant transformation in over 160 years when Parliament enacted three new laws in 2023: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). Together, these replaced the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872. The BNS, which deals with substantive criminal offences, came into forc

Kaustav Chowdhury
4 min read


Medical Negligence in India: Bolam Test, Criminal Liability, and Damages Recovery
Medical negligence claims have become increasingly common in India as patients seek accountability for substandard healthcare and resulting harm. Unlike routine medical disagreements or treatment failures due to inherent medical complexity, true negligence involves a breach of the duty of care that directly causes injury. The legal framework for medical negligence in India rests on the Bolam Rule, drawn from English jurisprudence and adapted through landmark Indian judgments

Kaustav Chowdhury
6 min read


Section 138 Negotiable Instruments Act: Cheque Bounce Law, Criminal Liability, and Defences in India
Section 138 of the Negotiable Instruments Act 1881 is among India's most frequently invoked criminal provisions, prosecuting the dishonour of cheques due to insufficient funds or other reasons. The provision exists at the intersection of commercial law and criminal law, treating what might otherwise be a civil dispute as a criminal offense. Understanding Section 138, the prosecution's burden of proof, available defences, remedies including interim compensation and compounding

Kaustav Chowdhury
3 min read


Dowry Prohibition Act: Supreme Court Clarifies What Conduct Amounts to Criminal Offences
The Supreme Court of India has reiterated that criminal proceedings under the Dowry Prohibition Act, 1961, and the Indian Penal Code's cruelty provisions cannot be initiated on the basis of trivial domestic disputes or general allegations of harassment without specific evidence of dowry-related demands or conduct. In Dr. Sushil Kumar Purbey v. State of Patna, the Court quashed criminal proceedings against the accused, holding that mere quarrelling with an estranged daughter-i

Kaustav Chowdhury
3 min read


PMLA 2002: Understanding the Enforcement Directorate's Powers of Attachment and Arrest
The Prevention of Money Laundering Act, 2002 is one of the most consequential pieces of legislation for any individual or business facing a financial crime investigation in India. The Enforcement Directorate, which administers the PMLA, has broad powers of attachment, search, seizure, and arrest that operate differently from the standard criminal procedure framework under the Code of Criminal Procedure. Several landmark Supreme Court rulings have shaped the scope of these pow

Kaustav Chowdhury
3 min read


COMPREHENSIVE LEGAL ANALYSIS OF THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 (PITNDPS ACT)
PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 (PITNDPS ACT)

Kaustav Chowdhury
9 min read
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