BRIDGING THE PROXY LIABILITY GAP: THE SHIFT FROM IPC ABETMENT TO SECTION 95 OF THE BHARATIYA NYAYA SANHITA (BNS)

AUTHOR – KARAN GUPTA* & DR. MUDRA SINGH**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – KARAN GUPTA & DR. MUDRA SINGH, BRIDGING THE PROXY LIABILITY GAP: THE SHIFT FROM IPC ABETMENT TO SECTION 95 OF THE BHARATIYA NYAYA SANHITA (BNS) INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 176-183, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I420

ABSTRACT

This research paper critically examines the criminal liability of children within the Indian legal framework, tracking the evolution of statutory provisions from the Indian Penal Code (IPC), 1860, to the Bharatiya Nyaya Sanhita (BNS), 2023. It analyses the interpretative tension between the strict plain meaning of chronological age thresholds and the purposive construction championed by child rights jurisprudence. By evaluating the doctrine of doli incapax (IPC Sections 82 and 83) and the defence of triviality (IPC Section 95), the study highlights how modern socio-legal challenges such as organized proxy crimes—have exposed deep fissures in these colonial-era statutes. Through an analysis of landmark judicial rulings, the paper demonstrates the historical evidentiary failures in holding adult “handlers” accountable under traditional abetment laws, underscoring the significance of the new BNS Section 95 that explicitly criminalizes the hiring and engaging of children for offences. Furthermore, the research investigates the jurisprudential conflict between special legislations, particularly the paradox where the Juvenile Justice (JJ) Act permits trying 16-to-18-year-olds as adults for heinous crimes, while the Protection of Children from Sexual Offences (POCSO) Act simultaneously strips them of agency regarding sexual consent. The paper concludes that the Indian legal system must reconcile this dichotomy to adequately address the evolving capacities and autonomy of adolescents.

Keywords: Doli incapax, Bharatiya Nyaya Sanhita (BNS), Proxy liability, Juvenile Justice Act, POCSO Act.