Keeping Pace with Legal Change
: Section 48 of Bharatiya Nyaya Sanhita (BNS) 2023 establishes liability for abetting an offence in India, even if committed abroad, provided the act is an offence under Indian law. It ensures cross-border accountability, targeting instigation or assistance from India, regardless of the crime’s location.
The Supreme Court in Shivappa Reddy vs. S. Srinivasan (2025 INSC 729) clarified the liability of retired partners under the Negotiable Instruments Act, 1881, and the Indian Partnership Act, 1932. The court held that a retired partner is not liable for partnership debts post-retirement unless public notice of retirement is issued per Section 32(3) of the Partnership Act. Under Section 138 of the NI Act, liability for cheque dishonour requires active involvement at the time of issuance. The ruling emphasizes statutory compliance and notice requirements to absolve retiring partners from liability.
Section 25 of the Bharatiya Nyaya Sanhita, 2023, stipulates that an act not intended or known to likely cause death or grievous hurt is not an offense if the person harmed is over eighteen and has consented to the risk. For example, if two adults agree to fence for amusement and one is injured without foul play, no offense is committed.
Section 24 of the Bharatiya Nyaya Sanhita, 2023, addresses the issue of criminal liability in cases where an offense requires specific intent or knowledge, and the act is committed under intoxication. According to this provision, if an individual voluntarily becomes intoxicated and commits such an offense, they are held legally responsible as if they possessed the required intent or knowledge, regardless of their impaired state. However, if the intoxication was involuntary—meaning the substance was administered without their knowledge or against their will—this may serve as a defense, acknowledging that the individual lacked the capacity to form the necessary intent or knowledge due to the involuntary intoxication.
The tragic death of the Akash Ganga instructor in Agra brings to the forefront critical considerations regarding legal liability and protections under the BNS 2023. While the law offers specific safeguards to armed forces personnel acting in good faith, it also highlights the imperative for stringent safety protocols and accountability within military operations. A balanced approach that respects legal immunities while prioritizing the safety and well-being of service members is essential in addressing the complexities inherent in military training activities.
