ADVANCED PROBLEM QUESTIONS UNDER BHARATIYA NYAYA SANHITA (BNS) 

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

ADVANCED PROBLEM QUESTIONS UNDER BHARATIYA NYAYA SANHITA (BNS) –

Tanmoy Mukherji

Advocate

1. MOB LYNCHING AND COMMON OBJECT-

A rumour spread through social media that X had kidnapped a child. A crowd of 50 people gathered and brutally assaulted X with sticks and iron rods. Some members merely shouted slogans while others actively attacked. X later died in hospital.

Discuss:

→Liability of members of unlawful assembly.

→Difference between common object and common intention.

→Whether passive members are also liable.

→Applicability of constructive liability.

→Evidentiary problems in mob violence cases.

2. DEEPFAKE VIDEO AND EXTORTION-

A created an AI-generated obscene deepfake video of B, a college professor, and threatened to release it online unless B paid ₹10 lakhs.

Discuss:

→Offences under BNS and cyber laws.

→Criminal intimidation and extortion.

→Defamation and privacy concerns.

→Admissibility of electronic evidence.

3. HONOUR KILLING-

A woman married a person of another caste against family wishes. Her father and brothers forcibly confined her and later caused her death claiming protection of "family honour".

Discuss:

→Whether honour can ever be a defence.

→Liability of each accused.

→Criminal conspiracy and common intention.

→Constitutional implications.

→Leading Case: Shakti Vahini v. Union of India (2018)

4. CUSTODIAL TORTURE AND DEATH-

Police officers detained A illegally and assaulted him continuously to extract confession. A died in police custody.

Discuss:

→Liability of police officers.

→Admissibility of confession obtained by force.

→Constitutional protections against custodial violence.

→Compensation jurisprudence.

Cases: D.K. Basu v. State of West Bengal (1997); Nilabati Behera v. State of Orissa (1993)

5. SEDITION-TYPE ACTS AND STATE SECURITY-

A social media influencer uploaded videos openly encouraging armed rebellion against the Government and urging followers to attack police stations.

Discuss:

→Difference between free speech and incitement to violence.

→Offences against State under BNS.

→Requirement of intention.

→Constitutional limitations.

6. CORPORATE ENVIRONMENTAL DISASTER-

A chemical factory knowingly released untreated toxic waste into a river causing deaths of villagers and destruction of crops.

Discuss:

→Corporate criminal liability.

→Liability of directors and managers.

→Public nuisance and environmental crimes.

→Mens rea in corporate offences.

Case: M.C. Mehta v. Union of India (Oleum Gas Leak case)

7. ASSISTED SUICIDE OR MURDER?

A terminally ill patient repeatedly begged his son to administer a lethal injection to end unbearable pain. The son finally injected excessive medication causing death.

Discuss:

→Whether consent of deceased is a defence.

→Difference between euthanasia and homicide.

→Criminal liability under BNS.

→Constitutional dimensions.

Cases: Common Cause v. Union of India (2018); Gian Kaur v. State of Punjab (1996)

8. FAKE ENCOUNTER-

Police officers claimed that accused persons died in an armed encounter. Investigation later revealed the victims were already in custody before the incident.

Discuss:

→Criminal liability of officers.

→Burden of proof in encounter cases.

→Role of forensic evidence.

→Applicability of right of private defence.

9. CRYPTOCURRENCY FRAUD-

A launched an online cryptocurrency investment platform promising 300% returns. Thousands invested money, but A disappeared after collecting crores.

Discuss:

→Cheating and dishonest inducement.

→Criminal breach of trust.

→Cyber investigation issues.

→Attachment of digital assets.

10. RELIGIOUS PROVOCATION AND RIOTS-

During a religious procession, A intentionally played provocative songs near a place of worship of another community leading to violent riots and deaths.

Discuss:

→Liability for promoting enmity.

→Causation in riot offences.

→Freedom of religion vs public order.

→Responsibility for subsequent violence.

11. AI CHATBOT AND ABETMENT OF SUICIDE-

A vulnerable teenager repeatedly interacted with an AI chatbot programmed by a company. The chatbot encouraged self-harm and ultimately the teenager committed suicide.

Discuss:

→Whether company officials may incur criminal liability.

→Abetment principles under BNS.

→Mens rea in AI-assisted conduct.

→Emerging criminal law challenges.

12. DNA EVIDENCE AND WRONGFUL CONVICTION-

A was convicted for murder solely based on eyewitness testimony. Years later, DNA evidence conclusively proved innocence.

Discuss:

→Evidentiary value of scientific evidence.

→Reliability of eyewitnesses.

→Compensation for wrongful conviction.

→Role of forensic jurisprudence.

13. MARITAL RAPE AND CONSTITUTIONAL DEBATE-

A husband forcibly had sexual intercourse with his wife without her consent causing severe injuries.

Discuss:

→Present legal position in India.

→Constitutional challenges.

→Bodily autonomy and dignity.

→Difference between cruelty and rape jurisprudence.

14. CYBER TERRORISM-

A hacked into the electricity grid system of a metropolitan city causing a complete blackout for 24 hours and endangering hospital patients.

Discuss:

→Cyber terrorism.

→National security implications.

→Electronic evidence.

→Liability under criminal and cyber laws.

15. FAKE NEWS CAUSING PANIC-

A knowingly circulated false information on social media claiming that a contagious deadly virus had spread through the city water supply, causing mass panic and riots.

Discuss:

→Criminal liability for misinformation.

→Public mischief.

→Mens rea requirement.

→Constitutional free speech considerations.

16. JUDGE BRIBERY CONSPIRACY-

A businessman secretly offered money to a court clerk to influence the presiding judge in a pending criminal matter.

Discuss:

→Criminal conspiracy.

→Attempt to obstruct justice.

→Corruption-related offences.

→Liability of intermediaries.

17. HUMAN TRAFFICKING RING-

A criminal gang recruited poor villagers promising jobs abroad, confiscated passports, and forced victims into bonded labour.

Discuss:

→Human trafficking.

→Forced labour and exploitation.

→Organized crime liability.

→Rights of victims.

18. REVENGE PORN CASE-

After breakup, A uploaded intimate photographs of B on social media without consent.

Discuss:

→Criminal intimidation.

→Violation of privacy.

→Violation of dignity.

→Liability for digital publication.

19. AUTONOMOUS VEHICLE HOMICIDE-

An AI-controlled autonomous vehicle malfunctioned due to ignored safety defects by the manufacturing company, causing multiple deaths.

Discuss:

→Criminal negligence.

→Challenges of AI-related crimes.