criminal liability - Legal Maestros

Justice Ahsanuddin Amanullah’s Ruling Strengthens Accountability in ESIC Compliance: Ajay Raj Shetty vs. Director & Anr

The conviction under Section 85 of the Employees’ State Insurance Corporation Act was maintained by the Supreme Court in the case of Ajay Raj Shetty vs. Director & Anr. This decision clarified the obligation of a Principal Employer in terms of ensuring that employee payments are deposited. Because of this verdict, accountability in accordance with social welfare regulations is strengthened.

byLegal MaestrosJune 9, 2025

BNS

Abetment in India of Offences Committed Abroad: Section 47 of the Bharatiya Nyaya Sanhita, 2023

Section 47 of Bharatiya Nyaya Sanhita (BNS) 2023 addresses abetment in India of offences committed abroad, holding abettors liable if the act would be an offence in India. It extends jurisdiction, ensuring accountability for instigation or aid, regardless of the crime’s location.

byHimanshu PoshwalMay 30, 2025May 30, 2025

BNS

What is Abetment? A Simple Explanation of Section 46, BNS 2023 with Real-Life Illustrations

Abetment, under Section 46 of Bharatiya Nyaya Sanhita (BNS) 2023, involves encouraging, aiding, or conspiring in an offence, even if it’s not committed. Liability persists regardless of the abetted person’s intent or capacity. Examples include instigating murder or theft, holding abettors accountable.

byHimanshu PoshwalMay 30, 2025

BNS

Understanding Section 34 of the Bharatiya Nyaya Sanhita, 2023: Acts Done in Private Defence

Section 34 of the Bharatiya Nyaya Sanhita, 2023, exempts acts done in private defence from criminal liability, provided they are proportionate, necessary, and in response to imminent danger to person or property. The provision excludes excessive force or premeditated intent beyond self-protection.

byHimanshu PoshwalMay 29, 2025

BNS

Understanding Section 33 of the Bharatiya Nyaya Sanhita, 2023: Acts Causing Slight Harm

Section 33 of the Bharatiya Nyaya Sanhita, 2023, exempts acts causing slight harm from criminal liability, provided they lack criminal intent or knowledge of likely harm. This provision prioritizes minor harm without malicious intent, ensuring proportionality in legal accountability.

byHimanshu PoshwalMay 29, 2025May 29, 2025

BNS

Understanding Section 32 of the Bharatiya Nyaya Sanhita, 2023: Acts Committed Under Threat of Instant Death

Section 32 of the Bharatiya Nyaya Sanhita, 2023, exempts acts done under threat of instant death from criminal liability, except for heinous crimes like murder or terrorism. The provision recognizes coercion as a defense when immediate danger compels action, provided the act isn’t inherently grave.

byHimanshu PoshwalMay 29, 2025May 29, 2025

BNS

Understanding Section 31 of the Bharatiya Nyaya Sanhita, 2023: Communication Made in Good Faith

Section 31 of the Bharatiya Nyaya Sanhita, 2023, protects communications made in good faith that unintentionally cause harm, provided they are intended for the recipient’s benefit. Such acts incur no criminal liability, emphasizing the importance of honest intent in communication.

byHimanshu PoshwalMay 29, 2025

BNS

Understanding Section 29 of the Bharatiya Nyaya Sanhita, 2023: Consent and Independent Offences

Section 29 of the Bharatiya Nyaya Sanhita, 2023, clarifies that consent does not absolve liability for acts independently defined as offences, like causing miscarriage, ensuring legal accountability regardless of consent, protecting public safety and justice.

byHimanshu PoshwalMay 29, 2025May 29, 2025

Current Legal Update

Are Ola and Uber Liable for Driver Misconduct during Ride?

Although ride-hailing applications have revolutionized urban transportation, they have also generated problems about responsibility in situations where drivers behave inappropriately. In light of Indian law, this article investigates whether or not Ola and Uber can be held accountable for driver misconduct that occurs during trips. The investigation is based on judicial interpretations and different statutes.

byLegal MaestrosMay 27, 2025May 27, 2025