Taxmann’s Comprehensive Textbook on Bharatiya Nyaya Sanhita 2023 by Kartik Kaushik – Edition 2025

Description

The Comprehensive Textbook on Bharatiya Nyaya Sanhita, 2023 (BNS) provides an in-depth analysis of every provision, supported by expert commentary, case law references, and comparative insights with the Indian Penal Code (IPC), 1860. It uniquely addresses the challenges of transitioning from the IPC to the BNS, providing interpretation notes to help readers comprehend the continuity and differences. It includes discussions on foundational concepts like the nature of crime, stages of crime, and theories of punishment, alongside detailed examinations of specific offences under the BNS. With its focus on clarity and accessibility, it equips readers to understand the complexities of modern criminal law effectively. It is designed for law students, competitive exam aspirants, legal practitioners, and academicians; it bridges theoretical understanding with practical application in criminal law. The Present Publication is the 1st Edition, authored by Adv. Kartik Kaushik, with the following noteworthy features: (i) [Provision-by-Provision Analysis] A thorough explanation of each section of the BNS, supported by expert commentary and relevant case laws (ii) [Comparative Analysis] Highlights the differences and similarities between the BNS and the IPC, enabling readers to understand the transition and its implications (iii) [Judicial Context and Interpretations] Guides on applying existing case law precedents from the IPC era to the provisions of the BNS, with notes on interpretative approaches (iv) [Foundations of Criminal Jurisprudence] Discusses core concepts such as criminal liability, the stages of crime, and punishment theories to strengthen the reader’s conceptual understanding (v) [Practical Applications] Features real-world scenarios and hypothetical examples to demonstrate the practical implementation of legal principles and provisions (vi) [Academic and Examination-Oriented Approach] Includes study aids like tables, flowcharts, and chapter summaries for better comprehension and retention (vii) [User-Friendly Design] A well-structured layout with cross-references, diagrams, and visual aids for quick reference and easier understanding The structure of the book is as follows: (i) Part I – Introduction to Criminal Law | This section comprises five chapters that lay the groundwork for understanding criminal law: (1) General Introduction – Discusses the nature and concept of crime, the evolution of criminal law, and its objectives (2) Elements of Crime – Explores essential elements such as Mens Rea (mental intent), Actus Reus (physical act), and Injury (3) Stages of Crime – Details the progression from intent to commission, including preparation, attempt, and completion, with illustrative case (4) Strict and Vicarious Liability – Analyses liability in cases of second-degree offences and corporate accountability (5) Theories of Punishment – Reviews punitive philosophies, including retributive, deterrent, reformative, and preventive approaches (ii) Part II – Bharatiya Nyaya Sanhita, 2023 | This section comprises twenty chapters, each focusing on specific provisions of the BNS: (1) Preliminary (a) Outlines the scope, definitions, and territorial applicability of the Sanhita (b) Of Punishments (1) Describes the modes and execution of punishments under the Sanhita (c) General Exceptions (1) Specifies circumstances that absolve accused individuals of criminal liability (d) Of Abetment, Criminal Conspiracy, and Attempt (1) Explains these doctrines with emphasis on their application to co-accused (e) Offences Against Women and Children (1) Covers crimes such as rape, sexual assault, and dowry-related offences (f) Offences Affecting the Human Body (1) Details offences like murder, culpable homicide, and grievous hurt (g) Offences Against the State (1) Addresses crimes like waging war and sedition (h) Offences Relating to the Armed Forces (1) Discusses offences, including mutiny and desertion (i) Offences Relating to Elections (1) Criminalises electoral fraud and malpractices (j) Offences Relating to Currency and Stamps (1) Focuses on counterfeiting and misuse of financial instruments (k) Offences Against Public Tranquillity (1) Includes rioting, affray, and unlawful assemblies (l) Offences by or Relating to Public Servants (1) Examines misconduct and defiance of lawful authority (m) Of False Evidence and Public Justice (1) Covers perjury, obstruction of justice, and other related offences (n) Offences Affecting Public Morals (1) Criminalises public nuisance, obscenity, and health violations (o) Offences Relating to Religion (1) Addresses disrespect towards religious practices and institutions (p) Offences Against Property (1) Discusses theft, robbery, and related offences (q) Offences Relating to Documents and Property Marks (1) Covers forgery, tampering, and counterfeiting (r) Criminal Intimidation, Defamation, and Annoyance (1) Criminalises acts of defamation and intentional insults (s) Repeal and Savings (1) Explains the transition from the IPC to the BNS and the continuance of existing operations under the IPC