Showing posts with label S 396 of BNSS. Show all posts
Showing posts with label S 396 of BNSS. Show all posts

Saturday, 11 April 2026

What Precautions Should a Sessions Judge Take While Passing Sentence After Conviction? A Practical BNSS Guide to Avoid Illegality

 Sentencing is not a routine tailpiece to conviction. Once guilt is recorded, the Sessions Judge enters a distinct judicial stage in which fairness, statutory discipline, and recorded reasons become critical; many otherwise sustainable convictions are exposed to appellate criticism because the sentencing part is casual, mechanical, or incomplete.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the safest approach is to treat the process from conviction onward as a structured legal sequence: record a precise finding of guilt, hear the accused on sentence, consider aggravating and mitigating factors, examine previous conviction only in the manner permitted by law, apply probation and compensation provisions where relevant, stay within statutory sentencing limits, grant set-off, and complete all consequential formalities.

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Friday, 14 March 2025

LLM Notes: Evolving Legal Framework for Victim Compensation in India: A Comparative Analysis of CrPC, 1973 and BNSS, 2023

Victim compensation is a crucial aspect of the criminal justice system, aimed at providing relief and rehabilitation to individuals who suffer harm due to criminal acts. In India, the legal framework for victim compensation has undergone significant transformation with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), 1973. This article explores the provisions for victim compensation under both laws, compares their features, highlights judicial precedents, and analyzes how the new framework improves upon the old system.

The CrPC, 1973, provided for victim compensation through several provisions:

  1. :
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