Concise Commentary on the Bharatiya Nyaya Sanhita, 2023

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Description
The enactment defining offences and prescribing punishments is always and will remain fascinating for a student of law at any age. Earlier it was the Indian Penal Code, 1860, now it will be the Bharatiya Nyaya Sanhita, 2023.
The Bill was first introduced in the Lok Sabha on 11 August 2023 to replace the Indian Penal Code, 1860. The Bill was examined by the Standing Committee on Home Affairs, and after incorporating some recommendations of the Standing Committee, the Bharatiya Nyaya (Second) Sanhita, 2023 was introduced on 12 December 2023 after withdrawing the earlier bill, and soon passed from both houses of the Parliament, got President's assent, and came into force from 1 July 2024. This newly introduced Sanhita will play a vital role in effective functioning of the judicial system, becoming a deterrent through enhanced punishments and fine, at the same time has also shown determination to reform the wrongdoers by adding "community service" as a new form of punishment.
Apart from reducing the number of Sections, increasing punishment and fine, the Sanhita incorporates in itself several key changes such as under the head "Offences against Body" new offences have been added such as Organised Crimes, Terrorism, Murder or Grievous Hurt by a Group on Specified Grounds (Mob-lynching). Further, the Sanhita increases the threshold for a victim to be classified as a major, in the case of gang rape, from 16 to 18 years of age. It also criminalises sexual intercourse with a woman by deceitful means or making false promises. The offence in the name of Sedition has been removed, however, it penalises several offences such as (i) exciting or attempting to excite secession, armed rebellion, or subversive activities, (ii) encouraging feelings of separatist activities, or (iii) endangering the sovereignty or unity and integrity of India. These offences may involve exchange of words or signs, electronic communication, or use of financial means. Keeping the high standards of the publisher in mind they decided to float this introductory book the primer of the Bharatiya Nyaya Sanhita, 2023 in order to update their readers with the latest changes on the subject, which has been noted and discussed at appropriate places. Due attention has been paid so as to simplify and further enhance the understanding of this new born Bharatiya Nyaya Sanhita, 2023.
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Table of Contents
Chapter 1. Preliminary
Chapter 2. Of Punishments
Chapter 3. General Exceptions
Chapter 4. Of Abetment, Criminal Conspiracy and Attempt
Chapter 5. Of Offences Against Woman and Child
Chapter 6. Of Offences Affecting the Human Body
Chapter 7. Of Offences Against the State
Chapter 8. Of Offences Relating to the Army, Navy and Air Force
Chapter 9. Of Offences Relating to Elections
Chapter 10. Of Offences Relating to Coin, Currency - Notes, Bank - Notes, and Government Stamps
Chapter 11. Of Offences Against the Public Tranquality
Chapter 12. Of Offences by or Relating to Public Servents
Chapter 13. Of Contempts of the Lawful Authority of Public Servants
Chapter 14. Of False Evidence and Offences Against Public Justice
Chapter 15. Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
Chapter 16. Offences Relating to Religion
Chapter 17. Of Offences Against Property
Chapter 18. Of Offences to Documents and to Property Marks
Chapter 19. Of Criminal Intimidation, Insult, Annoyance
Chapter 20. Repeal and Savings
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Author Details
ANJANA PRAKASH
ANUJ PRAKASH