Description
Taxmann Comprehensive Textbook on Bharatiya Nyaya Sanhita 2023 by Kartik Kaushik
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:
[Provision-by-Provision Analysis] A thorough explanation of each section of the BNS, supported by expert commentary and relevant case laws
[Comparative Analysis] Highlights the differences and similarities between the BNS and the IPC, enabling readers to understand the transition and its implications
[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
[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
[Practical Applications] Features real-world scenarios and hypothetical examples to demonstrate the practical implementation of legal principles and provisions
[Academic and Examination-Oriented Approach] Includes study aids like tables, flowcharts, and chapter summaries for better comprehension and retention
[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:
Part I – Introduction to Criminal Law | This section comprises five chapters that lay the groundwork for understanding criminal law:
General Introduction – Discusses the nature and concept of crime, the evolution of criminal law, and its objectives
Elements of Crime – Explores essential elements such as Mens Rea (mental intent), Actus Reus (physical act), and Injury
Stages of Crime – Details the progression from intent to commission, including preparation, attempt, and completion, with illustrative case
Strict and Vicarious Liability – Analyses liability in cases of second-degree offences and corporate accountability
Theories of Punishment – Reviews punitive philosophies, including retributive, deterrent, reformative, and preventive approaches
Part II – Bharatiya Nyaya Sanhita, 2023 | This section comprises twenty chapters, each focusing on specific provisions of the BNS:
Preliminary
Outlines the scope, definitions, and territorial applicability of the Sanhita
Of Punishments
Describes the modes and execution of punishments under the Sanhita
General Exceptions
Specifies circumstances that absolve accused individuals of criminal liability
Of Abetment, Criminal Conspiracy, and Attempt
Explains these doctrines with emphasis on their application to co-accused
Offences Against Women and Children
Covers crimes such as rape, sexual assault, and dowry-related offences
Offences Affecting the Human Body
Details offences like murder, culpable homicide, and grievous hurt
Offences Against the State
Addresses crimes like waging war and sedition
Offences Relating to the Armed Forces
Discusses offences, including mutiny and desertion
Offences Relating to Elections
Criminalises electoral fraud and malpractices
Offences Relating to Currency and Stamps
Focuses on counterfeiting and misuse of financial instruments
Offences Against Public Tranquillity
Includes rioting, affray, and unlawful assemblies
Offences by or Relating to Public Servants
Examines misconduct and defiance of lawful authority
Of False Evidence and Public Justice
Covers perjury, obstruction of justice, and other related offences
Offences Affecting Public Morals
Criminalises public nuisance, obscenity, and health violations
Offences Relating to Religion
Addresses disrespect towards religious practices and institutions
Offences Against Property
Discusses theft, robbery, and related offences
Offences Relating to Documents and Property Marks
Covers forgery, tampering, and counterfeiting
Criminal Intimidation, Defamation, and Annoyance
Criminalises acts of defamation and intentional insults
Repeal and Savings
Explains the transition from the IPC to the BNS and the continuance of existing operations under the IPC