Law Relating to Bharatiya Nyaya Sanhita, 2023 (BNS)

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Description
Bharatiya Nyaya Sanhita, 2023 has replaced the 173 years old Indian Penal Code, 1860. This book is an earnest attempt to understand and analyze the substantive criminal law 'BNS' in the light of legislative intent which was to decolonize and modernize our laws for our people. As is evident from the title of the law itself, the focus has shifted from punishments towards Nyaya. The new laws are progressive as instead of focusing only on punishment, we are more concerned about providing justice to all stakeholders in the crimi- nal justice system. The concept of restorative justice has been introduced in the form of non-custodial community service while retaining the deterrence element in the form of death penalty.
In a bid to decolonize the laws, terms such as British calendar, British India, juryman and queen have been expunged. The laws have been drafted with a view to fulfil the contemporary needs and aspirations of our people and towards that end, the law has been made contemporary by including cyber-crimes, electronic communications, electronic records, incorporeal property etc. within its ambit. Supreme Court decisions have been incorporated by removing provisions as to adultery, non-consensual homosexuality, sedition, and raising the age of marital rape exemption from fifteen to a uniform eighteen. Bharatiya Nyaya Sanhita, 2023 also aligns itself with progressive legislations such as IT Act, 2000; POC- SO, 2012; JJ Act, 2015; ITPA, 1986; Mental Health Care Act, 2019; Transgender Persons (Protection of Rights) Act, 2019, etc.
Bharatiya Nyaya Sanhita has retained almost eighty per cent of the provisions of the Indian Penal Code, 1860 yet, this change was imperative. The old code, had become haphazard owing to multiple amendments. In BNS, new provisions have been inserted at required places and the entire statute has been restruc- tured and reorganized systematically. Archaic provisions and those rendered redundant owing to technological advancements or otherwise have been deleted from the statute. From 511 sections spread across 23 chapters under IPC, the BNS has confined itself to 358 sections divided in 20 chapters that prioritize protection of women, children and human body over all other categories of crimes. All definitions have been updated and included in one place. They have been arranged alphabetically for convenience. The methodical arrangement of sections and chapters has made it easier for people to understand the law.


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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
Prof. (Dr.) Vageshwari Deswal is a distinguished professor of law at University of Delhi. With an illustrious teaching career spanning over two decades she is celebrated for her seminal work in the areas of Criminal Law, Gender justice and her insightful contributions to academic scholarship. A prolific writer, she has authored several books, published articles in leading law journals and also has a blog titled “Legally Speaking" with Times of India.
Recipient of Gold medals during her graduation and Post-graduation, she holds the distinct achievement of topping her university continuously for five years. Professor Deswal routinely engages in social work for the marginalized sections of society, women and animals. Her dedication to advancing justice and equality is evident through her influential work, which enriches academic dialogue and fosters meaningful societal engagement.
She is regularly invited as a legal expert in panel discussions on national Televi- sion channels such as Lok Sabha TV, Sansad TV and Doordarshan. An advisor to several universities and academic institutions, Prof. Deswal's expertise as a master trainer is tapped by various administrative training institutes and judicial academies for delivering lectures to their officers. An academician par excellence, she has been actively engaged with the Ministry of Law and Justice in spreading awareness regarding the three new Criminal Laws and has also prepared e-courses on these laws for MHRD's Swayam Prabha and CEC.