Advocate KK Sharma & Associates

04/02/2026

Everyone want to say the hate lawyers, and yet I've never met a parents who didn't want their kid to be a LAWYER - Jessi Klein

21/10/2025

08/10/2025

kindly note

25/02/2025

👉Hurt and grievous Hurt✍

Hurt
Pain that is experienced by the body as a result of actual physical contact caused by an aggressive attack is referred to be hurt. It includes minor injuries such as scratches or bruises. Under Section 112 of the Bharatiya Nyaya Sanhita, 2023, ‘hurt’ is defined as “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”
There are three important elements of hurt:

👉Body Pain
👉Illness or Disease
👉Infirmity to another
👉If a person does any act with the intention of causing hurt to any person or with the knowledge that he is likely to cause hurt to any person and does cause hurt to any person then the person is said ‘voluntarily to cause hurt’.

Grievous Hurt
Grievous hurt is a more severe form of injury and typically includes injuries that cause severe physical or mental pain, endanger life, or result in permanent disfigurement or disability. The Indian Penal Code, 1860, illustrated certain types of hurts as grievous hurt because it was difficult to distinguish between physical hurts that could be addressed as severe and moderate. Section 320 of IPC or Section 114 of the BNS highlighted different kinds of hurt that can only be designated as ‘grievous hurt’, these include:

👉“Emasculation.
Permanent privation of the sight of either eye.
👉Permanent privation of the hearing of either ear.
Privation of any member 👉or joint.
👉Destruction or permanent impairing of the powers of any member or joint.
👉Permanent disfiguration of the head or face.
👉Fracture or dislocation of a bone or tooth.
👉Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.”

According to Section 115(1) of the BNS, 2023, “Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.”
Bailable/Non-bailable
Hurt: It is a non-cognizable and bailable offence.

Grievous Hurt: It is a cognizable and bailable offence.

Punishment
Hurt: According to Section 113(2) of the BNS, 2023, whoever voluntarily causes hurt (except the circumstances defined under Section 120(1)) should be imprisoned for a term that may extend to 1 year or with a fine extending to 10,000 rupees or both.

Grievous Hurt: As per Section 115(2) of the BNS, 2023, whoever voluntarily causes grievous hurt should be imprisoned for a term that may extend to 7 years and a fine.

25/02/2025

Mercy Petition

A mercy petition in India is a formal plea for clemency, typically submitted to the President of India or the Governor of a state, seeking the commutation or pardon of a death sentence. This constitutional provision is rooted in Article 72 (President's power) and Article 161 (Governor's power) of the Indian Constitution.
Key Points:
1. Constitutional Basis:
- The President can grant pardons, reprieves, respites, or remissions of punishment under Article 72.
- Governors have similar powers under Article 161 for state offenses.

2. Process:
- After all judicial appeals are exhausted, a convict can file a mercy petition.
- The petition is reviewed by the Ministry of Home Affairs, which advises the President or Governor.
- The decision is based on factors like the nature of the crime, public interest, and humanitarian considerations.

3. Timeframe:
- There is no fixed time limit for resolving mercy petitions, leading to delays in some cases.
- Courts have emphasized timely decisions to avoid undue mental agony for convicts.

4. Judicial Review
- While the President's or Governor's decision is typically final, it can be challenged in court if it is arbitrary, irrational, or mala fide.

5. Notable Cases:
- Dhananjoy Chatterjee (2004): Executed after his mercy plea was rejected.
- Afzal Guru (2013): Hanged for the 2001 Parliament attack after his petition was denied.
- Perarivalan (2022): Granted remission by the Supreme Court after prolonged delays in his mercy petition.

6. Controversies:
- Critics argue that the process is often delayed and lacks transparency.
- Human rights advocates highlight the psychological toll on death row inmates due to prolonged uncertainty.

In summary, the mercy petition is a critical constitutional mechanism in India, balancing justice and humanity, though its implementation has faced criticism for delays and opacity.

12/11/2024

✡️Read carefully to prevent cyber crime-

1. If you get a call that TRAI is going to disconnect your phone, do not answer. It is a scam.

2. If any courier like FedEx, DHL, BlueDart etc. calls you about a package and asks you to press 1 or 9 or something else, do not answer. It is a scam.

3. If a police officer calls you and asks you about your Aadhaar, do not answer. It is a scam.

4. If they tell you that you are under 'digital arrest', do not answer. It is a scam.

5. If they tell you that drugs have been found in a package sent to you or by you, do not answer. It is a scam.

6. If they say you cannot tell anyone, do not listen to them. You should immediately inform the cyber crime police on 1930.

7. If they contact you via WhatsApp or SMS, do not reply. It is a scam.

8. If someone calls you and says he has mistakenly sent money to your UPI ID and he just wants his money back, do not reply. It is a scam.

9. If someone says he wants to buy your car or your washing machine or your sofa and says he is from the Army or CRPF and shows you his ID card, do not reply. It is a scam.

10. If someone says he is calling from Swiggy or Zomato and needs to confirm his address by pressing 1 or something, do not reply. It is a scam.

11. If they ask you to share the OTP to cancel an order or a ride or whatever, do not reply. It is a scam. Under no circumstances, share your OTP with anyone over the phone.

12. Never answer a call on video mode, verify offline.

13. Always check if such letters are from an authorised government portal

As a matter of digital hygiene, never share your address, location, phone, Aadhaar, PAN, date of birth or any personal details with anyone over the phone or messages.

In fact, refuse to even accept your name on the call. Tell them that since they have called you, they should know your name, number and whatever details they want you to 'confirm'

Even if they have your details, do not confirm or deny or engage in any conversation. Just disconnect and block

In each of these cases and other similar ones, the process to keep yourself safe is simple:

Disconnect the call, note down the number and block Do not press any numbers during the call, do not listen to them. Just remember to disconnect the call, block the number. If they are pressurizing you, threatening you or forcing you to act or respond immediately, then it is a scam.

Cyber fraudsters are adopting different methods to trap and dupe you.

Despite all the above, if you get trapped then without any hesitation report to the local cyber police on 1930, even if it is equivalent to compromising your reputation.

Because this is the way of exploitation by fraudsters.

Do not forget to share the above advice and message as much as possible to keep your relatives, well-wishers and friends safe from cyber crimes and scams.

12/10/2024

क्या आप करतारपुर का दशहरा नहीं देख पाये
देखें करतारपुर के दोनों दशहरा एक साथ

Report: PARDEEP KUMAR

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12/10/2024

As we commemorate the victory of good over evil, may this auspicious festival bring peace, prosperity, and happiness into your lives.
Wishing you a Happy Dussehra!

17/09/2024

सभी की आस मुराद पूरी करने वाले बाबा सोढल जी के मेले की सभी को हार्दिक शुभकामनाएं
Jai Baba Sodal ji

20/08/2024

https://youtu.be/_klnXCFIJBA?si=D2trZKFbIsoEmqxF

Welcome to the Official YouTube channel of DD Punjabi. It is a 24x7 regional (Punjabi ) TV Channel of India's National Public Service BroadcasterFollow DD Pu...

07/08/2024

GUIDELINES LAID DOWN BY THE HON’BLE SUPREME COURT IN D.K. BASU CASE
D.K.Basu Vs State of West Bengal,

The Hon’ble Supreme Court, in D.K.Basu Vs State of West Bengal, has laid down specific guidelines required to be followed while making arrests.

The principles laid down by the Hon’ble Supreme Court are given hereunder:

1. The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register

2. That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.

3. A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

4. The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

5. The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

6. An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names land particulars of the police officials in whose custody the arrestee is.

7. The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The ‘Inspection Memo’ must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

8. The arrestee should be subjected to medical examination by the trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well.

9. Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record.

10. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

A police control room should be provided at all district and State headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

31/07/2024

Conversion of IPC Sections to BNS Sections
Understanding the correlation between the Indian Penal Code (IPC) sections and their corresponding Bharatiya Nyaya Sanhita (BNS) sections can be crucial for legal professionals navigating both systems. Below is a comprehensive conversion table:

Sections Related to Serious Offenses
302 IPC - Punishment for murder is equivalent to 103 BNS.
304(A) IPC - Causing death by negligence is equivalent to 106 BNS.
304(B) IPC - Dowry death is equivalent to 80 BNS.
306 IPC - Abetment of su***de is equivalent to 108 BNS.
307 IPC - Attempt to murder is equivalent to 109 BNS.
309 IPC - Attempt to commit su***de is equivalent to 226 BNS.
Sections Related to Public Nuisance and Obscene Acts
286 IPC - Negligent conduct with respect to explosive substance is equivalent to 287 BNS.
294 IPC - Obscene acts and songs are equivalent to 296 BNS.
509 IPC - Word, gesture or act intended to insult the modesty of a woman is equivalent to 79 BNS.
Sections Related to Physical Harm
323 IPC - Punishment for voluntarily causing hurt is equivalent to 115 BNS.
324 IPC - Voluntarily causing hurt by dangerous weapons or means is equivalent to 118(1) BNS.
325 IPC - Punishment for voluntarily causing grievous hurt is equivalent to 118(2) BNS.
326 IPC - Voluntarily causing grievous hurt by dangerous weapons or means is equivalent to 118(3) BNS.
Sections Related to Assault and Wrongful Restraint
353 IPC - Assault or criminal force to deter public servant from discharge of his duty is equivalent to 121 BNS.
336 IPC - Act endangering life or personal safety of others is equivalent to 125 BNS.
337 IPC - Causing hurt by act endangering life or personal safety of others is equivalent to 125 BNS(A).
338 IPC - Causing grievous hurt by act endangering life or personal safety of others is equivalent to 125 BNS(B).
341 IPC - Punishment for wrongful restraint is equivalent to 126 BNS.
Sections Related to Molestation and Sexual Harassment
354 IPC - Assault or criminal force to woman with intent to outrage her modesty is equivalent to 74 BNS.
354(A) IPC - Sexual harassment is equivalent to 75 BNS.
354(B) IPC - Assault or use of criminal force to woman with intent to disrobe is equivalent to 76 BNS.
354(C) IPC - Voyeurism is equivalent to 77 BNS.
354(D) IPC - Stalking is equivalent to 78 BNS.
Sections Related to Kidnapping and R**e
363 IPC - Punishment for kidnapping is equivalent to 139 BNS.
376 IPC - Punishment for r**e is equivalent to 64 BNS.
Sections Related to Theft, Extortion, and Robbery
384 IPC - Punishment for extortion is equivalent to 286 BNS.
386 IPC - Extortion by putting a person in fear of death or grievous hurt is equivalent to 288 BNS (Fine: ₹5000).
390 IPC - Robbery is equivalent to 292 BNS (Fine: ₹1000).
394 IPC - Voluntarily causing hurt in committing robbery is equivalent to 296 BNS.
Sections Related to Trespass
447 IPC - Punishment for criminal trespass is equivalent to 329(3) BNS.
448 IPC - Punishment for house-trespass is equivalent to 329(4) BNS.
Sections Related to Receiving Stolen Property
411 IPC - Dishonestly receiving stolen property is equivalent to 317 BNS.
Sections Related to Cheating
420 IPC - Cheating and dishonestly inducing delivery of property is equivalent to 318 BNS.
Additional Sections
382 IPC - Theft after preparation made for causing death, hurt, or restraint in order to the committing of the theft is equivalent to 304 BNS.
442 IPC - House-breaking is equivalent to 330 BNS.
445 IPC - House-breaking by night is equivalent to 330 BNS.
494 IPC - Marrying again during the lifetime of a husband or wife is equivalent to 82 BNS.
498(A) IPC - Husband or relative of husband of a woman subjecting her to cruelty is equivalent to 85 BNS.
506 IPC - Punishment for criminal intimidation is equivalent to 351 BNS.
509 IPC - Word, gesture or act intended to insult the modesty of a woman is equivalent to 79 BNS.
9(I), 9(II) IPC - Sections equivalent to 112 BNS.
Sections Read With (R/W)
R/W 34 IPC - Acts done by several persons in furtherance of common intention is equivalent to 3(5) BNS.
R/W 149 IPC - Every member of unlawful assembly guilty of offence committed in prosecution of common object is equivalent to R/W 190 BNS.
This comprehensive conversion list helps in understanding the equivalent sections and penalties between the Indian Penal Code and the Bharatiya Nyaya Sanhita, facilitating a smoother transition for those dealing with both legal systems.