Keeping Pace with Legal Change
The resignation of Trinamool Congress (TMC) member Sushmita Dev from the Rajya Sabha in June 2026 puts into stark relief the parliamentary constitutional procedures relating…
Section 44 of the Bharatiya Nyaya Sanhita, 2023, clarifies that private defence must avoid harm to innocent bystanders. It restricts excessive force, ensuring actions remain proportionate and directed solely at the aggressor, prioritizing public safety while upholding the right to self-defence within legal limits.
Over six months, India identified and deported 770 Bangladeshi migrants from Delhi under the Foreigners Act and Passport Act. Coordinated verification, FRRO reviews, and airlifts to India’s east enabled this large-scale repatriation amid security and legal challenges with procedural hurdles.
Section 43 of the Bharatiya Nyaya Sanhita, 2023, specifies that the right of private defence of property begins upon reasonable apprehension of danger to property and continues until the threat subsides. It ensures proportionate measures to safeguard property, balancing immediate response with legal restraint.
Section 42 of the Bharatiya Nyaya Sanhita, 2023, permits private defence of property using non-lethal harm when the threat does not warrant death. It emphasizes proportionate force to protect property from unlawful acts, ensuring reasonable measures without excessive violence, balancing defence and restraint.
Kushmanda Power sued Ola Electric for adopting the “Bharat Cell” name for its 4680-format batteries, alleging trademark infringement and passing off. Lacking registered marks, the Delhi High Court has promptly referred the dispute to mediation to seek an amicable resolution.
Section 41 of the Bharatiya Nyaya Sanhita, 2023, allows private defence of property to cause death in cases of imminent threats like robbery, housebreaking, arson, or theft endangering human life. It requires reasonable apprehension of grave harm, ensuring proportionality in defending property.
Section 40 of the Bharatiya Nyaya Sanhita, 2023, stipulates that the right of private defence of the body begins when there is reasonable apprehension of danger and continues until the threat persists. It ensures timely and proportionate response to protect oneself from imminent harm.
Section 39 of the Bharatiya Nyaya Sanhita, 2023, limits private defence to non-lethal harm when the threat does not justify death, emphasizing proportionality. It allows reasonable force to protect person or property, excluding excessive harm, ensuring balance between self-defence and preventing unwarranted violence.
Section 38 of the Bharatiya Nyaya Sanhita, 2023, permits private defence causing death in cases of imminent danger to life, grave bodily harm, or specific heinous crimes like rape or kidnapping. It requires reasonable apprehension of death or severe injury, ensuring proportionality in response.
The Supreme Court recently launched suo motu contempt proceedings against journalist Ajay Shukla for calling a sitting judge “Godi,” deeming the remark scandalous and undermining judicial dignity. The high-profile case highlights tensions between free speech and protecting the judiciary’s authority.
