Tag: safety

CRIMINAL LAW

Public Nuisance Offenses in Bharatiya Nyaya Sanhita, 2023: Public Health, Safety, and Morality

The Bharatiya Nyaya Sanhita (BNS), 2023, which came into effect on 1st July, 2024, supersedes the Indian Penal Code, dealing with public nuisance crimes under Chapter XV. Sections 268-295 describe actions affecting public health, security, and morality, including the propagation of infectious diseases (Section 271), contamination of water (Section 277), and obscene behaviour (Section 296). Punishments range from fines to imprisonment, depending upon the gravity, with Section 292 prescribing up to ₹1,000 for general public nuisances. This model updates legal responses to prioritize public welfare and moral decency and to add community service for minor offenses, in sync with the needs of modern society.

byLegal Maestros
CRIMINAL LAW

Can the Identity of Examiners Be Disclosed Under the RTI Act?

India’s Right to Information Act, 2005, makes citizens capable of accessing information possessed by public authorities, enhancing transparency. The revelation of examiners’ names under this Act is still controversial. The Supreme Court, in a 2016 judgment, held that the disclosure of examiners’ names would put their lives at risk and distort the system of examination, invoking a relationship of fiduciary between examiners and bodies such as the Public Service Commission. Section 8(1)(g) of the RTI Act also shields such information when disclosure risks life or safety. Therefore, the identities of examiners are normally exempted, weighing transparency against security interests.

byLegal Maestros