A Comprehensive Commentary on Bharatiya Nyaya Sanhita
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Description
The Bharatiya Nyaya Sanhita, 2023 ("the Sanhita", for short) came into effect from 1st July 2024, and replaced the 173 years old Indian Penal Code, 1860 ("IPC", for short), which was in existence from 1-1-1862. The IPC consisted of 511 sections spanning 23 Chapters, whereas the Sanhita, consists of 358 sections spanning 20 Chapters.
This Sanhita has removed certain colonial terms and seeks:
(A) to modernize-
(i) by including cyber-crimes, electronic communications or records, incorporeal property, etc., within its purview;
(ii) by deleting archaic and redundant provisions owing to technological advancements or otherwise;
(iii) by making various offences gender-neutral,
(B) to streamline the provisions relating to offences, punishments (including fines), etc., by restructuring, reorganizing and revamping the statute logically and systematically e.g., all the definitions have been alphabetically placed under section 2 for convenience unlike IPC (where the definitions were scattered in sections between 8 to 52A), while retaining majority of the erstwhile provisions of the IPC with some much-needed changes, e.g.,-
(i) by removing certain offences struck down by the Indian Courts (i.e., attempt to commit suicide, or unnatural offences/non- consensual homosexuality or adultery);
(ii) by partially deleting the vastly critiqued and struck down
"Sedition law" and partially retaining (in the much wider sense) the said law by renaming it as an "Act endangering sovereignty, unity and integrity of India";
(iii) by introducing certain new offences (i.e., abetment outside India for offence in India, sexual intercourse by employing deceitful 20 means, hiring, employing or engaging a child to commit an offence, mob lynching, organized crime, petty organized crime, squo terrorist act, etc.);
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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
Ratanlal
Dhirajlal
Justice Uday Umesh Lalit
