Keeping Pace with Legal Change
This case of Shyam Lall v. . was decided by the Supreme Court of India. The case of Shirram General…
The present article dwells on the examination of the recent judgment of the Supreme Court of India on 2025 INSC…
The current paper discusses an important case of the Supreme Court of India SUHAGRANI AND OTHERS versus MANAGER CHOLAMANDALAM MS…
According to a decision by the Supreme Court, the legal heirs can not demand insurance in case of death caused by rash driving of the deceased. This choice solidifies individual responsibility, blocks the possibility of generating revenue out of a wrong as well as encourages responsible driving, which affects the insurance policy holders and the scrutiny of insurance claims, as well.
The RCB victory parade stampede on June 4, 2025, exposed failures in crowd management and compliance with public gathering laws. Eleven people died and dozens were injured, prompting legal scrutiny under negligence statutes and urgent calls for stricter safety protocols.
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.
The Bharatiya Nyaya Sanhita (BNS), 2023, coming into force on July 1, 2024, redefines the laws of public safety and negligence in India, superseding the Indian Penal Code. Chapter VI deals with acts of negligence causing risk to life, with Section 113 prescribing up to 5 years’ imprisonment for rash or negligent acts resulting in death, and Section 281 dealing with negligent use of fire or explosives. Stressing accountability, the BNS introduces minor offense community service alongside maintaining rigorous punishment for egregious violations. Such provisions are meant to promote greater public safety by discouraging laxity and responsible conduct in varied situations.
