Is Failing to Lower the Indian Flag After Sunset a Crime? Kerala High Court Clarifies the Legal Status of the Flag Code of India, 2002
An illustration of such a case was the Vinu C. Kunjappan v. The case of State of Kerala and a…
Tag: Mens rea
No Company, No Case: Why Charges Against Director Were Quashed by Justice Pankaj Mithal
The Supreme Court threw out the criminal case against S.C. Garg, saying that a company can’t be charged with a crime unless the firm itself is also charged. The Court highlighted how important it is for things to be final and stopped parallel criminal trials on things that had already been decided.
Section 24 of the Bharatiya Nyaya Sanhita 2023 Holds Individuals Accountable for Offenses Requiring Intent or Knowledge Committed While Intoxicated
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.