STRICT LIABILITY VS. NEGLIGENCE IN ENVIRONMENTAL OFFENCES: EVALUATING BHARTIYA NYAYA SANHITA, 2023’S APPROACH

Abstract

Environmental degradation represents an existential crisis demanding robust legal accountability frameworks. Indian jurisprudence has historically oscillated between negligence-based liability and judicial innovations in strict liability, particularly following landmark rulings like M.C. Mehta v. Union of India. The Bhartiya Nyaya Sanhita, 2023 (BNS), which replaces the Indian Penal Code, 1860, offers a critical juncture to evaluate legislative approaches to criminal liability for environmental harm. This paper employs doctrinal methodology to analyze primary legal sources including BNS provisions, judicial precedents, and comparative frameworks assessing whether the new code adopts the judiciary's strict liability principles for hazardous activities. The study reveals that while the BNS enhances penalties and clarifies corporate liability, it retains a negligence-based core ("rash or negligent act") without codifying absolute liability for environmentally hazardous enterprises. This represents a significant missed opportunity to align criminal law with ecological imperatives, potentially undermining deterrence and environmental justice.

KEYWORDS: Absolute Liability, Bhartiya Nyaya Sanhita 2023, Environmental Crimes, Negligence, Strict Liability etc.