BNS vs IPC Revision Implications Quiz
45 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is specifically defined as a terrorist organization under the Unlawful Activities (Prevention) Act, 1967?

  • Any entity that is not registered with the government.
  • Any entity owned or controlled by a terrorist that commits or attempts to commit terrorist acts. (correct)
  • An organization that engages in peaceful protests.
  • An organization that provides humanitarian aid.

Which of the following is considered grievous hurt according to the revised IPC?

  • Emasculation. (correct)
  • Temporary blindness lasting less than twenty days.
  • A broken finger with no lasting effects.
  • Minor cuts and abrasions.

How many days of severe bodily pain constitutes grievous hurt in the IPC revisions?

  • Fifteen days. (correct)
  • Ten days.
  • Twenty days.
  • Thirty days.

Which of the following acts would NOT be categorized as promoting terrorism?

<p>Creating a public awareness campaign against terrorism. (C)</p> Signup and view all the answers

Which of the following is an example of grievous hurt that involves sensory impairment?

<p>Permanent privation of the sight of either eye. (A)</p> Signup and view all the answers

What does 'permanent disfiguration of the head or face' classify as?

<p>Grievous hurt. (B)</p> Signup and view all the answers

Which of the following is NOT a criterion for defining a terrorist organization?

<p>Committing non-violent crimes. (D)</p> Signup and view all the answers

What aspect of the IPC was revised regarding the duration of pain for classifying grievous hurt?

<p>Reduced from twenty to fifteen days. (A)</p> Signup and view all the answers

What does Clause 23 state about a person's capability during intoxication?

<p>A person incapable of knowing the nature of their act due to intoxication may avoid liability. (A)</p> Signup and view all the answers

How does the phrase change from 'provided that' to 'unless that' impact the intoxication defence?

<p>It limits the defence to cases of involuntary intoxication. (B)</p> Signup and view all the answers

Which implications arise from the revision of Section 89 concerning good faith actions?

<p>The definition of legal agency for minors is altered. (A)</p> Signup and view all the answers

What continues to apply despite the unchanged test under the new provision?

<p>The stereotypes associated with Section 84 of the IPC. (C)</p> Signup and view all the answers

What is true regarding the intoxication defence as per the new revision?

<p>Intoxication can be a defence only when it is involuntary. (B)</p> Signup and view all the answers

What does Clause 27 stipulate regarding actions taken in good faith?

<p>Good faith actions for the benefit of individuals under twelve are acceptable. (C)</p> Signup and view all the answers

In the context of Section 85, what is indicated by the requirement regarding intoxication?

<p>A defendant must prove lack of knowledge about the intoxication's source. (B)</p> Signup and view all the answers

Which aspect remains unchanged concerning the standards used for the test under the new provision?

<p>The applicability of stereotypes from Section 84. (B)</p> Signup and view all the answers

What does the term 'transgender' refer to according to the context provided?

<p>A gender identity assigned in a specific law (B)</p> Signup and view all the answers

What was the recommendation of the Verma Committee regarding victims in sexual offences?

<p>To treat sexual offence victims as gender-neutral (B)</p> Signup and view all the answers

What change regarding the definition of 'rape' was not implemented in 2013?

<p>Recognition of trans persons in the definition (B)</p> Signup and view all the answers

What issue is highlighted regarding offences against trans persons?

<p>Trans persons are frequently targeted due to their gender identity (D)</p> Signup and view all the answers

In the context of the BNS, how is the definition of 'Judge' characterized?

<p>It encompasses both formally designated judges and others empowered by law (A)</p> Signup and view all the answers

What potential consequence arises from the proposed change in the BNS regarding the term 'Judge'?

<p>Defence under section 15 may not be available to quasi-judicial authorities (C)</p> Signup and view all the answers

Which community has been identified as historically persecuted and criminalized in India?

<p>Trans persons (D)</p> Signup and view all the answers

What implication does the lack of change in legal definitions have for trans individuals?

<p>They are specifically excluded from protection in rape laws. (B)</p> Signup and view all the answers

What does the term 'act' signify according to Section 33?

<p>A series of acts as well as a single act (D)</p> Signup and view all the answers

What potential issue arises from the definition of 'act' in Clause 2(1) of the BNS?

<p>It may cause confusion regarding the inclusion of series of acts (D)</p> Signup and view all the answers

What does Clause 2(4) define as 'Court'?

<p>A body of Judges or a Judge acting alone (C)</p> Signup and view all the answers

What implication does the revision of the definition of 'judge' in the BNS have?

<p>Certain quasi-judicial institutions may not be classified as courts of justice (A)</p> Signup and view all the answers

How are the pronouns in Clause 2(9) now defined?

<p>Inclusive of males, females, and transgender persons (A)</p> Signup and view all the answers

What is a notable feature of the definition changes discussed in Clause 2(9)?

<p>They have no practical implication without specific offences for transgender persons (C)</p> Signup and view all the answers

Why might the definition of 'gender' in Clause 2(9) be considered lacking?

<p>It does not make provisions for non-binary individuals (D)</p> Signup and view all the answers

What is mentioned about Section 20 in relation to 'Court of Justice'?

<p>It shares an ambiguity similar to Clause 2(4) (A)</p> Signup and view all the answers

What constitutes petty organised crimes?

<p>Shoplifting and card skimming (B)</p> Signup and view all the answers

What is the minimum punishment for committing petty organised crimes?

<p>One year imprisonment (A)</p> Signup and view all the answers

Which type of criminal groups are described as creating networks for committing offences?

<p>Mobile organised crime groups (B)</p> Signup and view all the answers

Which act modifies the definition of a terrorist act?

<p>The Unlawful Activities (Prevention) Act, 1967 (C)</p> Signup and view all the answers

What crime includes the illegal selling of public examination question papers?

<p>Petty organised crime (B)</p> Signup and view all the answers

What is the maximum imprisonment term for an individual committing petty organised crimes?

<p>Seven years (A)</p> Signup and view all the answers

Which of the following acts would NOT be classified under petty organised crimes?

<p>Murder for hire (C)</p> Signup and view all the answers

What intent must a person have to be considered to have committed a terrorist act?

<p>To disturb public order (C)</p> Signup and view all the answers

What is the primary intent required for the offence described in Clause 83?

<p>To engage in illicit intercourse (D)</p> Signup and view all the answers

Which factor is made irrelevant by the deletion of the phrase from Clause 83?

<p>The identity of the man (B)</p> Signup and view all the answers

What punishment may be imposed for the offence described in Clause 83?

<p>Imprisonment for up to two years (D)</p> Signup and view all the answers

Which of the following best describes the nature of Section 498?

<p>It continues to uphold patriarchal notions in its entirety. (C)</p> Signup and view all the answers

What does Clause 93 address in terms of legal provisions?

<p>Hiring minors to commit an offence (A)</p> Signup and view all the answers

Flashcards

IPC Definition of 'Act'

In the IPC, 'act' includes both a single act and a series of actions.

BNS Definition of 'Act'

The BNS defines 'act' as a single act only, not including a series of acts.

IPC Definition of 'Court of Justice'

The IPC defines 'Court of Justice' as a judge or a group of judges empowered by law to act judicially.

BNS Definition of 'Court'

The BNS defines 'Court' as a judge acting alone or a group of judges acting together.

Signup and view all the flashcards

Implications of Different 'Court' Definitions

The BNS definition of 'Court' might exclude bodies led by quasi-judicial authorities, like tribunals.

Signup and view all the flashcards

IPC Inclusive Pronoun Usage

The IPC uses 'he' and its derivatives to refer to any person, regardless of gender.

Signup and view all the flashcards

BNS Inclusive Pronoun Usage

The BNS uses 'he' and its derivatives to refer to any person, including transgender individuals.

Signup and view all the flashcards

Practical Implications of Inclusive Pronoun Usage

The BNS's expanded definition of 'gender' might not have much impact until specific laws for transgender people are made.

Signup and view all the flashcards

Who is a "Judge" in the BNS?

In the BNS, "Judge" refers specifically to individuals officially designated as Judges, excluding those empowered by law to give judgments but not officially designated as Judges.

Signup and view all the flashcards

Impact of BNS definition on quasi-judicial authority?

The proposed definition of "Judge" in the BNS excludes quasi-judicial authorities, potentially affecting the availability of defense under section 15 of the BNS. This means that individuals who are not officially designated as "Judges" but have the power to give judgments might not be covered by this defense.

Signup and view all the flashcards

Verma Committee Recommendation on Sexual Offences?

The Verma Committee recommended that victims in sexual offences be gender-neutral, aiming to include transgender persons in the definition of rape. However, this change was not implemented in 2013 when rape laws were amended, nor in the BNS.

Signup and view all the flashcards

Offenses targeting transgender individuals in BNS?

The BNS lacks specific offenses that address targeting transgender persons due to their gender identity. This omission is concerning, given the historical persecution and criminalization of transgender individuals in India.

Signup and view all the flashcards

BNS definition of "transgender"?

The definition of "transgender" used in the BNS is consistent with the definition in the Transgender Persons (Protection of Rights) Act, 2019.

Signup and view all the flashcards

Rape definition in BNS and transgender persons?

Although the BNS uses the term "transgender", the definition of rape in the BNS does not explicitly include transgender individuals.

Signup and view all the flashcards

Gaps in BNS regarding transgender individual protection?

The BNS lacks comprehensive legal provisions addressing gender identity and protection from violence against transgender persons, highlighting the need for further legislative amendments.

Signup and view all the flashcards

Historical context of transgender individuals in India?

Historically, transgender individuals have faced significant persecution and criminalization in India, emphasizing the urgency of legal reform to address their specific needs and vulnerabilities.

Signup and view all the flashcards

Intoxication Defense

A legal defense where a defendant claims they were intoxicated to the point of not understanding the nature of their actions, making them incapable of forming criminal intent.

Signup and view all the flashcards

Section 85 of the IPC

The legal provision that states that an act done by a person who is intoxicated and unable to understand the nature of their actions is not an offense.

Signup and view all the flashcards

Clause 23

The legal provision that states that an act done by a person who is intoxicated and unable to understand the nature of their actions is not an offense, unless the intoxication was administered to them without their knowledge or consent.

Signup and view all the flashcards

Section 89 of the IPC

The legal provision that states that an act done in good faith for the benefit of a person under twelve years of age, or of unsound mind, is not an offense.

Signup and view all the flashcards

Clause 27

The legal provision that states that an act done in good faith for the benefit of a person under twelve years of age, or of unsound mind, is not an offense.

Signup and view all the flashcards

Replacing 'provided that' with 'unless that'

The replacement of the phrase 'provided that' with 'unless that' in the intoxication defense provision, which significantly changed the meaning of the defense, making voluntary intoxication acceptable.

Signup and view all the flashcards

Mental Illness and Agency

The broad definition of 'mental illness' in relevant legal provisions potentially affects the agency and rights of individuals with mental illness.

Signup and view all the flashcards

Implications of Revision

The revision of legal provisions related to intoxication and good faith defense often leads to changes in interpretation and application.

Signup and view all the flashcards

Petty Organized Crimes

Crimes involving organized groups with a network of contacts and logistical support, aiming to commit a series of offenses in a region before moving on.

Signup and view all the flashcards

Mobile Organized Crime Groups

Crimes involving groups that operate in a highly coordinated manner, establishing connections and resources before carrying out multiple crimes over a period of time.

Signup and view all the flashcards

Terrorist Act

Acts committed with the intention to threaten India's unity, integrity, and security, intimidate the public, or disrupt public order.

Signup and view all the flashcards

Petty Crimes under Organised Crime

Crimes that are classified as 'petty' by the legislation and are typically committed by organized groups or gangs.

Signup and view all the flashcards

Terrorist Act using explosives

Acts that utilize weapons like bombs, dynamite, or other explosives to target civilians or critical infrastructure for political or ideological purposes.

Signup and view all the flashcards

Committing Petty Organized Crimes

Committing or attempting to commit 'petty organized crimes' as defined by the legislation.

Signup and view all the flashcards

Punishment for Petty Organized Crimes

Punishment for committing or attempting to commit petty organized crime.

Signup and view all the flashcards

Legal Framework for Petty Organized Crimes

The legal framework related to 'petty organized crimes' under the legislation.

Signup and view all the flashcards

Terrorist Organization

This refers to an organization listed in the First Schedule of the Unlawful Activities (Prevention) Act, 1967, or any organization operating under the same name as a listed one.

Signup and view all the flashcards

Contributing to Terrorism

The act of intentionally contributing to a terrorist act, even without directly participating, but with the aim of furthering the act or knowing the group's intent to commit it.

Signup and view all the flashcards

How is an organization labeled as terrorist?

An organization that is either owned or controlled by a terrorist or a group of terrorists, and it either commits terrorist acts or participates in, prepares for, or promotes them.

Signup and view all the flashcards

What is considered 'permanent privation of the hearing of either ear?'

Permanent loss of the ability to hear in one ear.

Signup and view all the flashcards

What is considered 'permanent privation of the sight of either eye?'

Permanent loss of the ability to see in one eye.

Signup and view all the flashcards

Permanent disfigurement

A permanent disfigurement to the head or face.

Signup and view all the flashcards

Fracture or dislocation

Fracture or dislocation of a bone or tooth.

Signup and view all the flashcards

Destruction or permanent impairing of the powers of a member or joint

The destruction or permanent damage to the function of a limb or joint.

Signup and view all the flashcards

Clause 83: Enticing a married woman

Enticing a married woman away from her husband with the intent of having illicit intercourse.

Signup and view all the flashcards

Section 498: Enticing a Married Woman

Whoever takes or entices away a married woman from her husband or someone caring for her on his behalf, intending for her to have illicit intercourse.

Signup and view all the flashcards

Clause 93: Hiring a Minor for Offence

The new law criminalizes hiring, employing, or engaging a person below the age of 18 for committing an offence.

Signup and view all the flashcards

Section 498: Scope Broadening

The removal of the phrase "from that man, or from any person having the care of her on behalf of that man" from Section 498 broadens the scope of the law, making the source or reason for the woman's enticing irrelevant to the offence.

Signup and view all the flashcards

Section 498: Patriarchal Context

Although the exclusion of the phrase "from that man, or from any person having the care of her on behalf of that man" removes some patriarchal notions from the code, the section still retains a patriarchal context.

Signup and view all the flashcards

Study Notes

BNS vs IPC Implications of Revision

  • Act: BNS clause 2(1) defines "act" as a single act or a series of acts, while IPC section 33 defines "act" similarly. BNS's definition is unclear, potentially leading to confusion. IPC's definition is clear in its usage.

  • Court: BNS clause 2(4) defines "Court" as a judge empowered to act judicially alone or a body of judges, while IPC section 20 defines "Court of Justice" similarly. The BNS definition change may affect quasi-judicial institutions. IPC's definition is already inclusive.

  • Gender: BNS clause 2(9) includes "transgender" with the meaning assigned in the Transgender Persons (Protection of Rights) Act, 2019. The IPC's definition does not mention gender-neutral terminology. This change in BNS is more inclusive.

  • Mental Illness: BNS clause 2(19) defines “mental illness” using the Mental Healthcare Act, 2017, while the comparable IPC section doesn't. BNS's definition needs clarification and its relationship to section 84 of the IPC, which will be excluded from benefit of the current provision.

  • Movable Property: BNS clause 2(21) defines "movable property" comprehensively, including corporeal and incorporeal types. IPC section 22, however, is limited to tangible property. A significant difference in the definition's reach.

  • Oath: BNS clause 2(23) defines "oath," which also includes solemn affirmations used for proof in courts or other contexts. This is similar to IPC section 51.

  • Election: BNS's clause 2(28)(k) Explanation (c) defines "election" similarly to IPC section 21.

  • Punishments (Community Service): BNS adds "Community Service," as a potential punishment, which has no equivalent in the IPC.

  • Imprisonment for Life: IPC section 57 defines imprisonment for life. In BNS, imprisonment for life will be considered equivalent to 20 years of imprisonment unless otherwise stated.

  • Protection of Transgender People: The BNS lacks provisions protecting transgender persons in specific offences, but the IPC does include victims in sexual offences, which may not sufficiently include transgender people.

  • Movable Property (Incorporeal Property): BNS clause 2(21) includes incorporeal property, which IPC section 22 does not.

  • Quasi-judicial Authorities: The revision in BNS's definition of "Judge" could affect quasi-judicial bodies. IPC section 77 was available to similar institutions.

Other

  • Defenses in Criminal Law: The implications of revisions in specific clauses regarding mental illness, intoxication, and other defenses need to be analyzed separately. This could extend to clauses regarding criminal offenses.

  • Specific Offences: BNS and IPC provisions relating to specific offenses require further analysis to determine implications.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

IPC-BNS Table PDF

Description

Explore the implications of revisions in BNS and IPC definitions regarding acts, courts, gender, and mental illness. This quiz examines key differences and inclusivity aspects highlighted in the recent legal frameworks. Test your understanding of legal terminology and its impact!

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser