Section 142 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 142 of the Bharatiya Nyaya Sanhita (BNS), 2023 — Explanation
1. Context:
The Bharatiya Nyaya Sanhita (BNS), 2023 is the newly codified criminal law of India, which consolidates and modernizes various aspects of criminal offenses and procedures.
Section 142, like other sections, addresses a specific offense or rule within this legal framework.
2. Purpose of Section 142:
Section 142 typically deals with [insert the general theme based on the text, for example: “wilful obstruction,” “dereliction of duty,” “offense related to public servants,” or “criminal negligence”]. It lays down the elements constituting the offense, the conditions under which liability arises, and the prescribed punishment.
3. Key Elements and Explanation:
Who is liable?
The section applies to [public servants, individuals, or any person] depending on the wording.
Nature of the Offense:
The offense involves [a specific wrongful act or omission], for example, intentionally obstructing a public servant in discharge of duty, neglecting legal duties, or causing harm to public interest].
Mental Element (Mens Rea):
The act or omission must be wilful, intentional, or with knowledge of its wrongful nature.
Legal Consequence:
The section prescribes [punishment such as imprisonment, fine, or both] designed to penalize the wrongdoing and deter such behavior.
4. Relation to Other Sections:
Section 142 fits into the chapter or part of the BNS dealing with [public order offenses, offenses by public servants, or obstruction of justice].
It complements other sections by ensuring specific wrongful acts are clearly defined and punishable.
5. Practical Implications:
Helps maintain discipline among public officials or citizens regarding their duties and conduct.
Protects the integrity of administrative and judicial processes.
Provides clarity on legal consequences of such offenses.
Summary:
Without the exact text of Section 142, a detailed but generic explanation is that this section criminalizes a specific wrongful act related to [obstruction, neglect, or misuse of power], defines who can be held liable, and sets out corresponding punishments to uphold the law and order as envisioned in the BNS, 2023.
RELATED Blog
0 comments