Blog

Introduction

In a landmark moment showcasing the judiciary's commitment to national duty, the Punjab and Haryana High Court recently refused to grant adjournment on the basis of a “No Work Day” declared by the Bar Association. This decision, delivered amid escalating tensions between India and Pakistan, underscores a crucial message: national responsibilities cannot pause even when challenges mount.

The judgment highlights the role of the judiciary during times of national crisis and the importance of continuing essential services, especially in the digital era where virtual hearings are possible. 

Background of the Case

What Led to the Adjournment Request?

On May 9, 2025, during a scheduled hearing on the contentious Bhakra Beas water-sharing issue, the counsel representing the Punjab Government sought an adjournment. The reason? The Bar Association had declared it a “No Work Day,” citing heightened security concerns and the possibility of air strikes in Chandigarh, following India-Pakistan border escalations.

The counsel submitted that they were bound to honor the Bar's directive as the Bar Council governs advocates' licenses.

However, the High Court—presided over by Chief Justice Sheel Nagu and Justice Sumeet Goel—was not persuaded.

The Court’s Observations

Firm Stance on Duty

The Bench made a strong statement about responsibility and service during national emergencies:

“When our forces are fighting on the battlefield, you can’t sit at home and rest. If everyone does that, the entire system of the country will come to a grinding halt.”

No Justification for Non-Appearance

The judges pointed out that technological solutions like video conferencing are available for those concerned about physical safety. The court made it clear that lawyers had every opportunity to attend virtually if unable to appear in person.

“If you want to work from home, the video conference facility allows everyone to connect.”

This observation drew attention to how digital tools can bridge gaps even during times of crisis, especially in professions like law, where continuity is vital.

The Bar's 'No Work Day': Safety or Overreach?

Why Was 'No Work Day' Declared?

The High Court Bar Association had announced May 9 as a "No Work Day" due to:

1. Advisories of possible air strikes in Chandigarh.

2. Power outages and growing regional instability due to border hostilities.

While the decision was ostensibly made in the interest of safety, it raised questions about the balance between safety and constitutional duty.

Is the Bar Council’s Direction Binding?

Lawyers often cite Bar Council instructions as binding, but courts have previously held that counsel’s duty to the court is paramount, especially in critical cases.

In this instance, the High Court's decision reinforced that judicial proceedings cannot be derailed by non-binding directives if national interest is at stake.

The Water Dispute at the Center of the Hearing

What Is the Bhakra Beas Management Board (BBMB)?

The BBMB is a statutory body that manages the Bhakra Nangal and Beas Projects, crucial for supplying water and electricity to Punjab, Haryana, Himachal Pradesh, and Rajasthan.

Why Was the Court Involved?

The case stemmed from a contempt petition filed by a Gram Panchayat. The petition alleged that Punjab Police had interfered with the operations of the BBMB, despite the High Court’s earlier restraining orders.

The hearing was intended to:

1. Evaluate whether the Punjab Police violated court orders.

2. Review if contempt proceedings should be initiated.

Key Developments During the Hearing

Contempt Allegations

The core issue centered around whether the Punjab Police unlawfully prevented the release of 200 cusecs of water from the Bhakra Dam to Haryana.

The Chairman of BBMB, Manoj Tripathi, stated via video conference that:

1. BBMB officers were restrained.

2. He was himself “gheraoed” at a guest house and had to be rescued.

These are serious allegations, and the Court expressed concern over non-compliance with judicial directions.

Video Testimonies and Affidavit Filings

The Court directed Tripathi to file a sworn affidavit confirming the details.

Additional Solicitor General Satya Pal Jain was also asked to submit the minutes of a May 2 meeting that reportedly approved the release of 4,500 cusecs of additional water to Haryana over eight days.

Because the hearing was advanced from 4 PM to 12 PM, the affidavit wasn't ready. Jain assured it would be submitted by the 4 PM session.

The Court’s Strong Message: Institutions Must Not Collapse

By refusing the adjournment, the Bench made a wider point about the integrity of public institutions during crises.

Their remarks serve as a reminder that:

1. The judiciary must remain functional during national emergencies.

2. Lawyers have an ethical and professional obligation to appear, especially when digital means are available.

Such decisions bolster public trust in the judicial system and ensure that critical governance mechanisms do not break down during turbulent times.

Legal and Constitutional Significance

Article 142 and Judicial Powers

Though not invoked directly in this order, this judgment echoes the spirit of Article 142 of the Constitution, which allows the Supreme Court to do “complete justice” in any case. High Courts, too, are empowered under their writ jurisdiction to ensure that justice is neither delayed nor denied.

By proceeding with the hearing and addressing violations of previous orders, the Court upheld the rule of law and its duty to maintain judicial oversight.

Duty Over Comfort: A Broader Message

Lessons for Other Professions

The ruling serves as a broader metaphor for various professionals across the country:

1. Healthcare workers, police officers, journalists, and utility providers often work through crises.

2. The legal community must do the same when the nation is in a sensitive situation.

The judgment sends a clear message: public responsibilities do not stop because of personal inconvenience or institutional declarations.

Impact on the Water Dispute

Relevance of the Hearing

The hearing will now play a pivotal role in determining:

1. Whether contempt proceedings should be initiated.

2. Whether Punjab Police officials violated the High Court’s prior orders.

The outcome could affect interstate water-sharing protocols and reinforce the BBMB’s autonomy.

Potential Legal Precedents

If the Court does proceed with contempt charges:

1. It may set a precedent for how disobedience to court orders by state authorities is treated.

2. It could establish clear boundaries for police interference in administrative decisions taken by bodies like BBMB.

Court’s Next Steps

The High Court rescheduled the matter to 4 PM the same day for:

1. Submission of affidavits.

2. Presentation of meeting minutes.

3. Deciding whether contempt notices should be issued.

This accelerated schedule shows the urgency and importance the Court attaches to the matter.

Reactions from the Legal Community

Mixed Views

1. Some senior lawyers supported the Court’s stance, saying that justice must continue uninterrupted.

2. Others expressed concern over safety, arguing that the Bar’s directive was precautionary.

Nevertheless, the prevailing sentiment was one of admiration for the judiciary’s commitment.

Conclusion

The Punjab and Haryana High Court’s refusal to adjourn proceedings during a “No Work Day” highlights the judiciary’s unwavering dedication to its constitutional duties, even during times of national crisis. This move not only reinforced the sanctity of the court’s orders but also sent a powerful message about institutional resilience.

By putting national duty above personal convenience, the Court has reminded every citizen and professional of their role in maintaining the country’s democratic and administrative fabric—even when faced with uncertainty.

Introduction

India’s rural population makes up nearly 65% of the total population, and ensuring access to justice in these areas has always been a challenge. Traditional village-level dispute resolution systems like the Nyaya Panchayat have long played a crucial role in resolving minor legal matters. With roots in India's ancient systems of governance, these Panchayats function as decentralized, community-based justice institutions meant to complement the formal judiciary.

Historical Evolution of Nyaya Panchayats

The concept of Nyaya Panchayats is deeply embedded in India’s traditional governance system. The term “Panchayat” comes from the Sanskrit word "Panch," meaning five, denoting a council of five elders selected by the community to resolve disputes.

Pre-British Era

1. Dispute resolution was a community affair.

2. Local elders mediated civil and minor criminal disputes.

3. Decisions were guided by customs, ethics, and social norms.

British Colonial Period

1. The Village Courts Act of 1888 introduced formal recognition to village panchayats.

2. These panchayats were allowed limited administrative and judicial functions.

3. However, over time, the system was weakened under British centralization of law and judiciary.

Post-Independence

1. The Constitution of India (Article 40) encouraged the state to organize village Panchayats for self-governance.

2. The Ashok Mehta Committee (1977) supported the revival of Nyaya Panchayats.

3. These bodies were seen as key to reducing the burden on overburdened courts and providing affordable justice to rural citizens.

Functions of Nyaya Panchayats

Nyaya Panchayats serve as grassroots judicial institutions with the primary goal of delivering quick, affordable, and accessible justice in villages.

Handling Minor Civil and Criminal Cases

They address:

1. Small property disputes

2. Partition of land within families

3. Trespassing

4. Petty theft

5. Nuisance complaints

6. Simple cases of personal injury

Recording Evidence and Conducting Inquiries

Nyaya Panchayats can:

1. Summon parties and witnesses

2. Record statements

3. Examine evidence to reach a fair decision

Fostering Community-Based Justice

Their decisions often reflect the local customs and values, ensuring higher social acceptance and compliance.

Promoting Speedy Resolution

Due to informal procedures and lack of legal red tape, cases are usually resolved within days or weeks.

Encouraging Conciliation

Nyaya Panchayats promote amicable settlements, encouraging both parties to compromise and maintain social harmony.

Composition of Nyaya Panchayats

Nyaya Panchayats are composed of local community members, often elected or nominated based on their integrity, impartiality, and standing in the village.

Key Components:

• Nyaya Adhikari (Judicial Officer): Heads the Panchayat.

• Panchas: 3 to 5 members who assist in proceedings.

• Legal Advisor (optional): Some states appoint legal experts to assist the Panchayat.

• Parties and Witnesses: Disputants and community witnesses participate in hearings.

The appointment process and structure can vary slightly from state to state but follow the same democratic spirit.

Jurisdiction of Nyaya Panchayats

Nyaya Panchayats are not full-fledged courts but have clearly defined jurisdiction over specific civil and criminal matters.

Civil Jurisdiction

They can adjudicate:

1. Minor land disputes

2. Fencing or boundary disputes

3. Debt recovery (within a monetary limit)

4. Partition of joint properties

5. Maintenance issues (in some states)

Criminal Jurisdiction

Permitted to try petty offences such as:

1. Trespassing

2. Simple assault

3. Defamation

4. Public nuisance

5. Minor theft (non-cognizable)

Limitations

1. Cannot hear serious criminal cases like murder, rape, robbery, etc.

2. Cannot impose imprisonment; only fines (usually up to ₹100) can be levied.

Gram Nyayalayas Act, 2008: Modernizing Rural Justice

The Gram Nyayalayas Act, 2008 was enacted by the Indian Parliament to institutionalize village-level courts and bring judicial access closer to rural areas.

Salient Features:

• Gram Nyayalayas: Established at the Panchayat or block level.

• Nyayadhikari: Presiding judge equivalent to a Judicial Magistrate First Class.

• Mobile Courts: Allowed to hold hearings in remote areas.

• Conciliation-Based Approach: Promotes settlement before formal proceedings.

• Simple Procedures: Uses summary trials and reduced formalities.

• Appeal Provisions: Civil cases can be appealed to District Courts; criminal cases to Sessions Courts.

Jurisdiction Under the Act:

• Criminal Offences: Listed in Schedule I (e.g., cruelty, minor assault).

• Civil Matters: Listed in Schedule II (e.g., land disputes, tenancy issues).

Present Status of Nyaya Panchayats

As of early 2022:

1. 476 Gram Nyayalayas were notified across 15 Indian states.

2. Only 258 were operational, mainly in Madhya Pradesh, Rajasthan, Kerala, and Maharashtra.

3. According to the Ministry of Law and Justice, over 43,900 cases were handled between December 2020 and February 2022.

However, implementation is uneven across states, with many failing to operationalize Nyaya Panchayats due to budget, administrative, or political constraints.

Challenges Faced by Nyaya Panchayats

While the system is promising, Nyaya Panchayats face several structural and operational challenges:

Lack of Legal Expertise

Panchas usually have no formal legal education, which may result in:

1. Inconsistent rulings

2. Unjust decisions, especially in sensitive cases

Resource Constraints

1. Many operate without proper offices, records, or staff.

2. Funding is inadequate for infrastructure and training.

Enforcement Limitations

1. No power to enforce rulings like court decrees.

2. Dependent on social pressure or higher authorities for implementation.

Local Elite Influence

1. Risk of biased decisions due to the dominance of powerful castes or families.

2. May compromise fairness, especially for marginalized groups.

Gender Inequality

1. Women may find it hard to access justice due to patriarchal bias.

2. Lack of representation and voice in the decision-making process.

Weak Integration with Formal Judiciary

1. Disputes between formal court verdicts and Panchayat rulings.

2. Lack of clear legal harmonization leads to confusion and duplication.

Nyaya Panchayats vs. Formal Courts: A Comparative Analysis

While Nyaya Panchayats are faster and culturally relevant, they cannot replace the legal depth and safeguards of formal courts. They serve best as a complementary mechanism, not a substitute.

The Future of Nyaya Panchayats: Reforms and Recommendations

To make Nyaya Panchayats more effective and just, the following reforms are essential:

Capacity Building

1. Training Panchas in basic legal principles and procedures.

2. Offering refresher courses and handbooks.

Digital Integration

1. Maintain digital case records.

2. Use video conferencing for expert consultations or remote trials.

Gender Inclusion

1. Ensure mandatory representation of women.

2. Create gender-sensitized environments for hearings.

Strengthening Legal Backing

1. Equip Nyaya Panchayats with limited enforcement powers.

2. Create a legal bridge between Gram Nyayalayas and formal courts.

Public Awareness Campaigns

1. Educate rural populations about their rights and procedures.

2. Promote legal literacy through NGOs and government schemes.

Conclusion

The Nyaya Panchayat represents a unique blend of traditional wisdom and decentralized justice, rooted in India’s rural ethos. Despite several limitations, its accessibility, affordability, and social acceptability make it a powerful tool for rural justice.

However, its true potential can only be realized if backed by adequate reforms, training, and legal recognition. A strong, reformed Nyaya Panchayat system, in coordination with Gram Nyayalayas and the formal judiciary, can make justice not just a constitutional right, but a tangible village reality.

India, with its cultural diversity and federal legal framework, presents a unique challenge when it comes to understanding laws that vary across its states—and alcohol laws are no exception. The legal drinking age in India is not uniform. It changes from state to state, and in some places, alcohol is outright banned.

What Is the Legal Drinking Age in India?

Unlike countries with a uniform national law, India allows each state and union territory to define its own regulations around the sale and consumption of alcohol. As a result:

• Some states allow alcohol consumption at 18 years,

• Others mandate 21 years,

• Kerala has a unique age limit of 23 years, and

• A few conservative states have fixed the drinking age at 25 years.

• Additionally, some states enforce complete prohibition on alcohol.

This complex legal structure means that what’s legal in one part of India could be illegal in another.

States Where the Legal Drinking Age Is 18

In these states and union territories, individuals aged 18 and above are legally allowed to consume alcohol:

• Goa: Known for its relaxed party atmosphere and a major tourist hub.

• Himachal Pradesh: A popular destination for backpackers with easy access to alcohol.

• Puducherry: A coastal UT with French colonial history and liberal laws.

• Rajasthan: A tourist-friendly desert state.

• Sikkim: Known for its scenic landscapes and liberal alcohol policies.

• Andaman and Nicobar Islands: Tourists can legally consume alcohol from 18 here.

Key Insight:

These states tend to have lower restrictions, partly due to high tourist footfall and more liberal social norms.

States Where the Legal Drinking Age Is 21

This is the most common legal drinking age in India. It strikes a balance between adulthood and maturity. States/UTs with this drinking age include:

• Andhra Pradesh

• Arunachal Pradesh

• Assam

• Chhattisgarh

• Dadra and Nagar Haveli and Daman and Diu

• Delhi

• Haryana

• Jammu & Kashmir

• Jharkhand

• Karnataka

• Ladakh

• Madhya Pradesh

• Odisha

• Tamil Nadu

• Telangana

• Tripura

• Uttar Pradesh

• Uttarakhand

• West Bengal

Delhi’s Case:

Delhi reduced the drinking age from 25 to 21 in 2021 to align with global standards and improve enforcement efficiency.

States Where the Legal Drinking Age Is 23

Only one state in India falls under this category:

• Kerala: The drinking age was raised from 21 to 23 to combat rising alcohol abuse.

Kerala has a history of shifting alcohol policies. There were previous moves toward total prohibition, followed by partial rollbacks.

States Where the Legal Drinking Age Is 25

These states adopt a highly conservative stance:

• Chandigarh

• Maharashtra

• Meghalaya

• Punjab

In these states, individuals must wait until they are 25 to legally consume alcohol. Social and cultural attitudes significantly influence these rules.

Maharashtra’s Quirk:

Technically, residents need a liquor permit to legally consume alcohol, though this rule is seldom enforced.

Dry States in India

Dry states have banned alcohol either completely or partially. The legal drinking age becomes irrelevant here since alcohol is not legally available for sale or consumption.

Complete Prohibition

• Bihar (since 2016)

• Gujarat (since 1960, in line with Gandhian philosophy)

• Nagaland (since 1989)

• Mizoram (since 2019)

• Lakshadweep (only permitted in Bangaram Island for tourists)

Partial Prohibition

• Manipur: Alcohol is banned in some districts like Imphal East and West, Bishnupur, and Thoubal.

• Kerala: Previously moved towards prohibition, but restrictions have since been relaxed.

Special State-Specific Laws and Exceptions

Goa

• Legal drinking age is 18.

• Alcohol is easily available, especially in beachside establishments.

• Popular with international and domestic tourists.

Karnataka

• There is ambiguity—some legal documents suggest 18, while others enforce 21.

• In practice, enforcement tends to be lenient.

Maharashtra

• A liquor permit is legally required.

• Some districts like Wardha and Gadchiroli have imposed complete bans.

Kerala

• Experimented with prohibition.

• Only five-star hotels were allowed to serve hard liquor at one point.

• Currently, legal drinking age is 23.

Why Does the Drinking Age Vary Across States?

a) Constitutional Division of Powers

Alcohol falls under the State List in the Indian Constitution, which gives individual states the authority to legislate on matters relating to alcohol.

b) Cultural and Religious Influences

Many dry states have strong religious or cultural opposition to alcohol (e.g., Gujarat).

c) Health and Social Policy

Some states choose higher age limits to curb alcohol addiction and youth exposure to substance abuse.

d) Economic Considerations

States with high tourism (Goa, Puducherry) often have liberal laws to attract visitors and boost revenue through excise duties.

Penalties for Underage Drinking and Violations

Breaking alcohol laws—especially underage drinking or consuming alcohol in dry states—can result in serious consequences:

• Monetary fines

• Imprisonment (varies by state)

• Confiscation of alcohol

• License suspension or cancellation for businesses serving minors

Examples:

• Bihar: Violators face up to 10 years in prison and heavy fines.

• Delhi: Bars serving alcohol to individuals under 21 can lose their license.

• Gujarat: Possession or consumption without a permit is a criminal offense.

Responsible Drinking Tips for Young Adults

Whether you’re 18, 21, or 25, it's important to drink responsibly if you live in or are visiting a state where alcohol is legal:

1. Carry Age Proof: Always keep a government-issued ID handy.

2. Don’t Drink and Drive: India's drunk driving penalties are severe.

3. Know Local Laws: Rules change by state—stay updated.

4. Respect Dry Zones: Avoid smuggling or consuming alcohol in prohibited regions.

5. Avoid Public Intoxication: It can result in arrest or fines.

6. Use Licensed Venues: Buy and consume alcohol from authorized shops or bars.

Conclusion

India’s legal drinking age is a reflection of its cultural diversity, federal governance structure, and varying societal attitudes toward alcohol consumption. Whether you're in a liberal state like Goa or a dry one like Bihar, understanding local laws is key to staying compliant and avoiding legal trouble.

While the minimum age varies between 18 and 25 depending on where you are, one principle remains constant: responsible drinking is essential. By staying informed and respecting the laws, you can enjoy alcohol safely and legally in India.

Introduction

Arbitration in India has grown as a preferred method for resolving disputes, especially in commercial and infrastructure matters. The Arbitration and Conciliation Act, 1996 governs arbitration proceedings in India and aims to reduce judicial interference. One key provision, Section 34, allows courts to set aside arbitral awards under limited circumstances. However, an important question lingered for years—can courts modify an arbitral award under this section?

On April 30, 2025, a five-judge Constitution Bench of the Supreme Court, headed by Chief Justice Sanjiv Khanna, finally addressed this critical issue. In a 4:1 majority, the Court held that modification of arbitral awards is permissible in limited circumstances, but not equivalent to appellate review. This ruling attempts to strike a balance between the need for judicial oversight and the core principle of minimal court interference in arbitration.

Background: What Is Section 34 of the Arbitration Act?

Section 34 of the Arbitration and Conciliation Act, 1996 allows a party to apply to set aside an arbitral award under specific grounds such as:

1. The arbitration agreement was invalid.

2. The party was not given proper notice.

3. The award goes beyond the scope of the arbitration.

4. The award is in conflict with public policy.

But the law does not mention whether a court can modify or alter the award instead of setting it aside. This created confusion among courts and litigants, with conflicting decisions over the years.

The Constitution Bench’s Verdict: Overview

The Constitution Bench addressed whether courts have the power to modify arbitral awards under Section 34. Here's what they ruled:

• Majority View (4 Judges - CJI Sanjiv Khanna, Justices B.R. Gavai, P.V. Sanjay Kumar, A.G. Masih):

  1. Modification is allowed in limited cases.

  2. Courts can modify post-award interest.

  3. Supreme Court can invoke Article 142 of the Constitution for modification.

  4. Rectification of clerical or computation errors is permitted.

• Dissenting View (Justice K.V. Viswanathan):

  1. No power of modification under Section 34.

  2. Only powers allowed are setting aside or remitting the award.

  3. Article 142 cannot be used to modify arbitral awards.

  4. Post-award interest cannot be altered by courts.

Severance of Award Under Section 34: All Judges Agree

The term "severance" means splitting an invalid portion of an award from the valid portion. This allows courts to partially set aside the invalid part while retaining the valid parts.

All five judges, including Justice Viswanathan, agreed that:

1. Courts have the power to sever parts of an award.

2. This is explicitly provided under Section 34(2)(a)(iv).

3. It helps maintain valid portions without starting a new arbitration.

4. Severance is allowed only when the parts are legally and practically separable.

Power to Modify vs. Power to Partially Set Aside

This was the key point of divergence between the majority and the dissenting judge.

What the Majority Held:

1. The ability to sever parts of an award implies a limited power to modify.

2. This avoids the hardship of setting aside the entire award and forcing parties to re-arbitrate.

3. Section 34’s silence on modification doesn't mean absolute prohibition.

They emphasized:

"Denying courts the authority to modify an award would defeat the purpose of arbitration by increasing costs and delays."

What Justice Viswanathan Said:

1. Severance and modification are not the same.

2. Severance means to remove, while modification means to change.

3. Courts can only remit or set aside awards under Section 34—not modify them.

4. Cited Section 43(4) to support the view that hardships due to setting aside are part of the arbitration system.

Rectifying Clerical and Typographical Errors

The majority clarified that courts have the power to correct manifest errors like:

1. Clerical mistakes.

2. Arithmetic or calculation errors.

3. Typing or obvious factual mistakes.

They said this power is similar to Section 152 of the Civil Procedure Code, which allows correction of accidental errors in judgments.

However, this does not mean the court can review or alter the award’s merits.

Justice Viswanathan's View:

1. Agreed that courts can rectify errors, but this is a narrow exception.

2. Rejected the idea of a broader modification power.

Interest on Awards: Different Types, Different Rules

There are two types of interest in arbitral awards:

1. Pendente Lite Interest – During the arbitration.

2. Post-Award Interest – After the award is announced.

Majority’s View:

1. Courts cannot modify pendente lite interest.

2. Courts can modify post-award interest in limited cases, especially if:

   1. The arbitrator's rate is unjust.

   2. Market shifts make the rate unreasonable.

   3. It helps avoid setting aside the whole award.

They emphasized that Section 31(7)(b) of the Arbitration Act allows post-award interest and that courts can tweak it when needed.

Justice Viswanathan's Dissent:

1. Firmly rejected the court’s ability to change any interest amount.

2. Stated that even if the interest rate is flawed, the proper remedy is to remit the matter under Section 34(4).

3. Argued that India follows the UNCITRAL Model Law, which bars such modifications.

Use of Article 142 of the Constitution

Article 142 allows the Supreme Court to pass any order necessary to ensure complete justice.

Majority Opinion:

1. Article 142 can be used to modify awards in rare cases.

2. Should be exercised with great caution.

3. Cannot be used to review the merits of an award.

Justice Viswanathan’s Objection:

1. Strongly opposed using Article 142 to modify arbitral awards.

2. Said it would violate the Arbitration Act.

3. Article 142 cannot override the express limitations in the law.

Enforcement of Foreign Awards: A Divided View

A concern was raised that modifying arbitral awards could affect their enforceability in foreign countries, especially under the New York Convention.

Majority's Response:

1. The concern is unfounded.

2. The Convention respects the domestic law of the seat of arbitration.

3. Since Indian law now permits limited modification, it's valid under the Convention.

Justice Viswanathan’s Warning:

1. Disagreed strongly.

2. Said modifications could threaten enforcement of Indian awards abroad.

3. Unlike the UK or Singapore, India lacks provisions recognizing court-modified awards.

Statutory Arbitration: Special Case?

Statutory arbitrations, like those under the National Highways Act, are not by mutual consent but compulsory under law.

Some argued that courts should be allowed to modify awards (e.g., compensation in land acquisition cases) in these cases.

Verdict from Both Majority and Dissent:

1. Section 34 does not differentiate between statutory and consensual arbitration.

2. Uniform standards apply.

3. No special modification power for statutory arbitrations.

Revisiting the NHAI v. M. Hakeem Case

In 2021, the Supreme Court ruled in Project Director, NHAI v. M. Hakeem that courts cannot modify arbitral awards under Section 34.

Current Judgment:

1. Majority view indirectly departs from Hakeem, without expressly overruling it.

2. Justice Viswanathan upheld Hakeem, calling it a correct and binding precedent.

Suo Moto Remand by Courts

Can courts on their own send an award back to the tribunal for correction?

Majority Opinion:

1. Courts can remit an award under Section 34(4), but only if a party requests it.

2. The request can be oral or written.

3. This power is separate from the power to modify.

Justice Viswanathan's Take:

1. Courts can suo moto remit the matter without a request.

2. Called it a “safety valve” in the arbitration process.

Key Takeaways for Legal Practitioners and Businesses

Conclusion

This landmark judgment has clarified a long-debated issue in arbitration law. While the Supreme Court has now allowed limited modification of arbitral awards, it has simultaneously placed important checks and balances to avoid misuse of this power.

For legal professionals, this decision provides new tools to address genuine errors in arbitral awards without restarting arbitration. For businesses, it ensures faster dispute resolution and less cost escalation.

However, the dissenting opinion also acts as a cautionary note, reminding courts and litigants to respect the limited role of judiciary in arbitration matters.

As the Indian arbitration ecosystem matures, this ruling could pave the way for further clarity and confidence in the arbitration process—both domestically and internationally.

Introduction

India is known for having one of the highest numbers of road accidents in the world. Every year, thousands of people lose their lives on Indian roads due to reckless driving, speeding, and negligent behavior. One of the most alarming contributors to this crisis is hit-and-run cases — accidents where drivers flee the scene without helping the victim or informing authorities.

To curb this growing problem, the Indian government has introduced a new legal provision under the Bharatiya Nyaya Sanhita (BNS), 2023, replacing the older laws under the Indian Penal Code (IPC) and the Motor Vehicles Act. The new law under Section 106 of BNS is designed to hold drivers more accountable and provide justice to victims. However, it has also sparked nationwide protests and debates, especially among transport workers and commercial drivers.

In this blog, we will explore everything you need to know about India’s hit-and-run law: its history, new provisions under BNS, the rationale behind the change, public response, and what this means for drivers and victims alike.

Understanding Hit and Run Cases

A hit-and-run case occurs when a vehicle is involved in an accident, and the driver does not stop to help the injured person or report the incident to the police. This is considered a serious offence because:

1. Victims are left without immediate help.

2. Delay in medical attention may lead to serious injuries or death.

3. It is morally and legally wrong to escape after causing harm.

Why do drivers flee?

1. Fear of being arrested.

2. Fear of mob violence.

3. Lack of awareness of legal procedures.

4. Attempt to avoid responsibility or consequences.

Hit-and-Run Law in India: What It Is

India’s hit-and-run law, especially after the implementation of the Bharatiya Nyaya Sanhita, 2023, has undergone major changes. The new law defines two levels of offences based on whether the driver reports the incident or flees.

Key Provisions:

• Section 106(1): If the driver reports the accident to the police or magistrate.

  • Punishment: Up to 5 years of imprisonment and fine.

• Section 106(2): If the driver flees the scene without reporting.

  • Punishment: Up to 10 years of imprisonment and fine.

This is a major step-up from the earlier laws where penalties were relatively mild and rarely enforced strictly.

The New Hit-and-Run Law Under BNS, 2023

What is the Bharatiya Nyaya Sanhita?

The Bharatiya Nyaya Sanhita (BNS), 2023, is a new criminal law that replaces the Indian Penal Code (IPC) of 1860. The aim of BNS is to modernize India's criminal justice system and make it more effective, just, and people-friendly.

How It Affects Hit-and-Run Cases

Under BNS, Section 106 categorically addresses the issue of hit-and-run accidents. The differentiation between drivers who report and those who don’t is meant to:

1. Encourage drivers to stay and assist.

2. Provide timely help to accident victims.

3. Ensure that drivers are held accountable.

Hit and Run Provisions Under the New Law

Let’s break down the two parts of Section 106:

Section 106(1): Reporting Drivers

1. Applies when a driver involved in an accident voluntarily reports the incident.

2. The report must be made to the nearest police station or magistrate.

3. Even though an offence has occurred, the law appreciates the driver’s accountability.

Punishment: Imprisonment of up to 5 years + fine.

Section 106(2): Fleeing the Scene

1. Applies when the driver does not report the accident and leaves the scene.

2. Considered a more serious offence.

3. Reflects an attempt to escape responsibility.

Punishment: Imprisonment of up to 10 years + fine.

These two sub-sections aim to create a clear legal distinction between negligent and irresponsible behavior.

Background of the Hit and Run Law in India

Before BNS, 2023

Earlier, hit-and-run cases were governed by:

• Motor Vehicles Act, 1988

  1. Required drivers to stop, help the injured, and report accidents.

  2. Enforcement was weak.

• Indian Penal Code, 1860

  1. Section 279: Rash and negligent driving – Punishment: up to 6 months or fine.

  2. Section 304A: Causing death by negligence – Punishment: up to 2 years or fine or both.

These laws were often criticized for being outdated and lenient, failing to act as strong deterrents against reckless driving.

Rising Road Accident Statistics

India’s roads have become increasingly dangerous:

1. 47,806 hit-and-run cases reported in 2022.

2. 50,815 deaths recorded from such cases.

3. 19 deaths per hour due to road accidents.

4. National and state highways account for over 50% of deaths though they make up only 5% of roads.

Rationale for the Hit and Run Law in India

Increasing Driver Accountability

The earlier laws did not instill fear or responsibility among drivers. By raising the punishment from 2 years to up to 10 years, the BNS aims to:

1. Deter reckless behavior.

2. Promote safe driving.

3. Ensure that drivers cannot easily escape the law.

Empowering Victims

Victims of hit-and-run accidents often struggled for:

1. Medical help.

2. Compensation.

3. Justice.

The new law provides a mechanism where reporting the incident becomes mandatory and non-compliance leads to jail, thus making it more likely for victims to get support on time.

Global Comparisons

India has:

1. 1% of the world’s vehicles.

2. 10% of global road accident deaths.

3. Loses 5-7% of GDP annually to road accidents.

Globally, countries like the USA, UK, and Australia have stringent laws for hit-and-run incidents. India’s new law seeks to align itself with these global standards.

Concerns and Protests Against the Law

Despite the positive intentions behind Section 106, there have been nationwide protests, particularly from commercial vehicle drivers.

Key Concerns:

1. Excessive Punishment

• 10 years of imprisonment for not reporting is seen as too harsh, especially when the death is unintentional.

2. Fear of Mob Violence

1. Drivers fear being lynched by angry crowds if they stop to help the victim.

2. Many prefer to escape rather than risk physical harm.

3. Unfair Blame

• Commercial drivers are more vulnerable to accusations due to the nature of their jobs.

4. Self-Incrimination

• Protesters argue it violates Article 20(3) of the Indian Constitution, which protects individuals from self-incrimination.

5. Potential for Misuse

• Law enforcement or victims’ families may extort drivers or harass them.

6. Unequal Punishment

• For example, doctors involved in negligent accidents face only up to 2 years of imprisonment. Why are drivers penalized more harshly?

7. Real-World Challenges Ignored

1. Poor road conditions.

2. Bad weather and low visibility.

3. Long working hours for truck drivers.

These factors are often beyond the control of the driver.

Government’s Response and the Way Forward

Given the intense backlash, the Government of India decided to delay the implementation of the law and initiate consultations with stakeholders.

Proposed Solutions:

• Protection from mob violence: Emergency helplines and quick police response mechanisms.

• Driver insurance and legal aid: Especially for commercial drivers.

• Awareness campaigns: To educate drivers about their rights and responsibilities.

• Differentiated penalties: Based on the severity of negligence and intention.

• Emergency reporting systems: Easy mobile-based options to report accidents.

The government must work towards creating a balance — holding people accountable while protecting those who act in good faith.

Impact of the Law on Road Safety

While the law’s impact is yet to be fully assessed, if implemented fairly, it could lead to:

• Reduction in fatalities due to timely medical attention.

• Improved reporting and data on accidents.

• Greater trust in the legal system.

• A deterrent for irresponsible and reckless driving.

Conclusion

The new hit-and-run law under Section 106 of the Bharatiya Nyaya Sanhita, 2023, marks a significant shift in India’s approach to road safety. It emphasizes accountability, justice for victims, and deterrence of irresponsible driving.

However, for the law to be successful, it must be enforced with fairness, clarity, and supportive infrastructure. Concerns raised by drivers must be addressed through policy tweaks, awareness programs, and better legal safeguards.

With the right intent and inclusive policymaking, India can move towards safer roads and a more responsible driving culture.

Maritime activities have always been central to global commerce, national security, and international relations. But when crimes happen at sea—whether it’s piracy, smuggling, or intentional harm—the legal frameworks governing these waters come into play. This is where admiralty law (also called maritime law) becomes crucial.

Admiralty law deals with both civil and criminal issues related to navigation, shipping, seafarer rights, and crimes committed on the high seas or in coastal waters. In India, it combines Indian Penal Code (IPC) provisions, procedural laws like the Code of Criminal Procedure (CrPC), and international maritime norms.

This guide will help you understand how criminal acts at sea are identified, handled, and prosecuted under Indian admiralty law.

Introduction to Admiralty Law and Criminal Jurisdiction at Sea

Admiralty law in India regulates the legal aspects of maritime navigation, ship operations, and offenses committed at sea. While traditionally admiralty law focused on civil matters like shipping disputes and salvage, modern admiralty jurisprudence now extensively covers criminal activity too.

Jurisdiction:

India can exercise criminal jurisdiction over:

1. Offenses committed in Indian territorial waters (up to 12 nautical miles)

2. Offenses on Indian-registered vessels, even in international waters

3. Offenses by or against Indian citizens on foreign ships (under certain circumstances)

Let’s explore the criminal aspects more deeply.

Criminal Conspiracy and Threats to National Security at Sea

Section 120A IPC – Criminal Conspiracy

Criminal conspiracy refers to an agreement between two or more people to do an unlawful act. In maritime settings, this could involve:

1. Planning a ship hijack

2. Coordinating drug or arms smuggling via sea routes

3. Plotting illegal migration or human trafficking across maritime borders

This provision allows authorities to prosecute offenders even if the crime hasn't yet been carried out.

Sections 121, 122, 123 IPC – Waging War Against India

These sections deal with treasonous activities such as:

1. Organizing armed attacks against India’s maritime facilities

2. Coordinating terrorist acts at sea

3. Assisting enemies of the state through maritime routes

Application:

Piracy or terrorist activities targeting Indian shipping lanes or ports fall under these laws, especially when they threaten national integrity or sovereignty.

Navigational and Operational Offenses

Section 280 IPC – Rash Navigation of a Vessel

This criminalizes reckless handling of a ship that endangers life or property. Examples include:

1. Navigating without proper charts or safety measures

2. Ignoring weather alerts

3. Overspeeding near docks or populated coastal zones

Such carelessness can lead to shipwrecks or collisions, and offenders are held criminally liable.

Section 281 IPC – False Navigational Markings

Displaying a false buoy, light, or signal can mislead other ships and cause accidents. If done intentionally, this is a criminal act with serious consequences under Section 281 IPC.

Section 282 IPC – Unsafe or Overloaded Vessels

Transporting passengers or goods in an unseaworthy or overloaded vessel is punishable under this section. This law is crucial in preventing ferry and boat disasters during peak travel or festival seasons.

Maritime Safety and Harm to Life

Section 283 IPC – Danger in Navigational Line

This section penalizes anyone who obstructs or endangers navigational routes. Examples:

1. Dropping large objects in shipping lanes

2. Anchoring in prohibited zones

3. Operating drones or submersibles without authorization

Such acts not only threaten maritime traffic but also marine life and environmental safety.

Section 299 IPC – Culpable Homicide

If a ship captain’s reckless actions unintentionally cause a person’s death, such as by ignoring distress calls or violating safety protocols, they may be charged with culpable homicide.

Section 300 IPC – Murder

Intentional killing onboard a vessel—whether due to personal enmity, mutiny, or organized crime—constitutes murder. Maritime murders are rare but serious, and may involve international law if committed in foreign waters.

Section 304A IPC – Causing Death by Negligence

This is applied when someone’s negligence causes accidental death onboard, such as:

1. Engine room explosions due to poor maintenance

2. Fire safety lapses

3. Lack of life jackets on ferries

Section 320 IPC – Grievous Hurt

If an action at sea causes major bodily injury (such as loss of limb or eyesight), it’s punishable under this section. For example, violent brawls or unsafe work environments on cargo ships can lead to such injuries.

Kidnapping, Robbery, and Trespass at Sea

Sections 339 & 340 IPC – Wrongful Restraint & Confinement

Pirates or hijackers who restrain or lock up a crew or passengers are booked under these sections. Unlawful confinement aboard ships is a serious human rights violation.

Sections 378 & 390 IPC – Theft and Robbery

Piracy often involves stealing goods or looting cargo, using weapons or threats. These acts, especially in Indian waters or involving Indian-flagged ships, are prosecuted as theft or robbery.

Section 441 IPC – Criminal Trespass

Unauthorized entry into another vessel, port area, or restricted naval zone is criminal trespass. For instance:

1. Boarding a ship without clearance

2. Docking at unauthorized ports

3. Entering defense zones on coastal installations

Arrests and Legal Procedures Under CrPC

The Code of Criminal Procedure, 1973 (CrPC), lays out how criminal procedures should be handled, including for maritime offenses.

Sections 41, 46, 47, 50, 51 & 52 CrPC – Arrest of Offenders

• Section 41: Allows police to arrest without a warrant if a person is committing a cognizable offense like piracy.

• Section 46: Specifies lawful use of force during an arrest.

• Section 47: Enables search and arrest of persons onboard ships or in confined areas.

• Section 50: Mandates informing the arrested person of their right to bail.

• Sections 51 & 52: Permit search and seizure of personal belongings of the arrested individual onboard the ship.

These sections ensure that arrests at sea are constitutionally valid and follow due process.

Sections 149 to 152 CrPC – Preventive Policing at Sea

These sections empower the police and maritime security agencies (like the Indian Coast Guard) to prevent crimes before they occur:

1. Stopping suspected pirate vessels

2. Seizing arms or explosives onboard

3. Detaining suspicious passengers

These are vital for coastal security operations and anti-smuggling drives.

Section 188 CrPC – Crimes Outside India

India can prosecute certain crimes committed beyond its borders, especially if:

1. The victim is an Indian national

2. The ship is registered in India

3. National security is involved

This provision allows India to pursue legal action even for incidents in international waters.

International Maritime Laws and India

India is a signatory to several international conventions related to maritime crime, such as:

• UNCLOS (United Nations Convention on the Law of the Sea) – Governs crimes on high seas.

• SUA Convention (Suppression of Unlawful Acts Against the Safety of Maritime Navigation) – Used for prosecuting terrorism or violence at sea.

India integrates these into its legal framework through domestic laws, strengthening maritime law enforcement.

Role of Enforcement Agencies in Maritime Crime

Indian Navy and Coast Guard

These agencies play a frontline role in:

1. Patrolling Indian maritime zones

2. Rescuing hijacked vessels

3. Detaining pirate ships

4. Assisting in joint international operations

Coastal Police and Customs

They deal with:

1. Smuggling at minor ports

2. Unauthorized entries

3. Domestic maritime disputes

Together, these bodies form India’s maritime security grid.

Recent Notable Cases in India

• The Enrica Lexie case (2012): Italian marines aboard a merchant ship shot dead two Indian fishermen off the Kerala coast, leading to diplomatic and legal proceedings under admiralty and criminal law.

• Somalian Pirate Trials (2011–2019): India tried several Somali pirates under IPC and CrPC for hijacking ships and attempting robbery, marking India's assertiveness in applying criminal laws to maritime threats.

Challenges in Prosecuting Maritime Crimes

Despite the robust legal framework, the following challenges remain:

• Jurisdictional Issues: Determining authority over crimes in international waters

• Coordination: Between Indian and foreign enforcement agencies

• Evidence Collection: Especially when ships are foreign-flagged or offenses occur in remote waters

• Legal Complexity: Combining civil and criminal aspects of admiralty law requires skilled legal interpretation

Conclusion

Admiralty law in India has evolved to include serious criminal offenses, ensuring safety, security, and justice on the seas. From piracy and smuggling to wrongful confinement and negligent navigation, offenders at sea can face strict legal action under Indian Penal Code provisions and criminal procedure laws.

As maritime activities grow and threats increase—from smuggling to maritime terrorism—it is essential for seafarers, shipping companies, and law enforcement bodies to be well-versed in the legal framework governing maritime crimes.

By understanding admiralty law's criminal side, we move one step closer to ensuring justice doesn't stop at the shoreline.