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CONTENTS PAGE
DIVISION ONE ALL ABOUT OFFENCES AND PUNISHMENT UNDER BHARATIYA NYAYA SANHITA, 2023 Alphabetical Key to All About Offences and Punishment under Bharatiya Nyaya Sanhita, 2023 (BNS)
3
All About Offences and Punishment under Bharatiya Nyaya Sanhita, 2023 (BNS)
19
DIVISION TWO ALL ABOUT CRIMINAL PROCEDURES UNDER BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 Alphabetical Key to All About Criminal Procedures under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
95
All About Criminal Procedures under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
115
DIVISION THREE ALL ABOUT LAW OF EVIDENCE UNDER BHARATIYA SAKSHYA ADHINIYAM, 2023 Alphabetical Key to All About Law of Evidence under Bharatiya Sakshya Adhiniyam, 2023 (BSA)
191
All About Law of Evidence under Bharatiya Sakshya Adhiniyam, 2023 (BSA)
195
I-5
CONTENTS
I-6 PAGE
DIVISION FOUR GUIDE TO CLASSIFICATION OF OFFENCES UNDER BHARATIYA NYAYA SANHITA, 2023 Alphabetical Key to Guide to Classification of Offences under Bharatiya Nyaya Sanhita, 2023
213
Guide to Classification of Offences under Bharatiya Nyaya Sanhita, 2023
237
Guide to Compoundable offences under Bharatiya Nyaya Sanhita, 2023
288
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BHARATIYA NYAYA SANHITA, 2023 (BNS)
ABETMENT OUTSIDE INDIA FOR OFFENCE IN INDIA [SECTION 48 OF BNS]
[1.1]
Abetment outside India Section 48 of BNS is a new provision
[NEW]
Section 48 of BNS provides that a person abets an offence within the
meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India. Abetment by a person outside India has been made an offence
under section 48 to allow prosecution of person located in foreign country.
ABETTING COMMISSION OF OFFENCE BY PUBLIC OR BY MORE THAN TEN PERSONS [SECTION 57 OF BNS/SECTION 117 OF IPC]
[1.2]
Prescribed punishment Section 117 of IPC provided for imprisonment upto 3 years or fine
or both. Section 57 of BNS provides for imprisonment of either description for a term which may extend to 7 years and fine.
19
Para 1.7
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023
ACID, VOLUNTARILY CAUSING GRIEVOUS HURT BY USE OF [SECTION 124 OF BNS/SECTIONS 326A AND 326B OF IPC]
20
[1.3]
Permanent Vegetative State Besides the words ‘injury or hurt’ in section 326B of IPC, words ‘or
causes a person to be in a permanent vegetative state’ are added in section 124(2) of BNS. “Permanent vegetative state” need not be irreversible.
ADULTERY [SECTION 497 OF IPC (OMITTED BY BNS)]
[1.4]
Provision now omitted Hitherto, adultery was a punishable offence under section 497 of
IPC BNS has omits the offence of adultery
AFFRAY [SECTION 194(1) OF BNS/SECTION 159 OF IPC/ SECTION 194(2) OF BNS/SECTION 160 OF IPC]
[1.5]
Prescribed fine
Amount of fine increased 10-fold from ` 100 to ` 1000
ANIMAL, NEGLIGENT CONDUCT WITH RESPECT TO ANIMAL [SECTION 291 OF BNS/SECTION 289 OF IPC]
[1.6]
Prescribed fine Amount of fine increased five-fold from ` 1000 to ` 5000
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO DESERTER CONCEALED ON BOARD MERCHANT VESSEL THROUGH NEGLIGENCE OF MASTER [SECTION 165 OF BNS/SECTION 137 OF IPC] [1.7] Prescribed fine Fine is increased from ` 500 to ` 3000
21
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023
Para 1.11
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO - HARBOURING DESERTER [SECTION 164 OF BNS/SECTION 136 OF IPC]
[1.8]
Spouse Difference between section 136 of IPC and the section 164 of BNS is
in the exception clause. While the old law specifically mentioned that the exception applies when a wife provides shelter to her husband, the new law uses the more gender-neutral term “spouse”, indicating that the exception applies when either a husband or a wife provides shelter to their spouse who is a deserter. This change reflects a more inclusive approach in the new law.
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO - MUTINY, IF MUTINY IS COMMITTED IN CONSEQUENCE THEREOF, ABETMENT OF [SECTION 160 OF BNS/SECTION 132 OF IPC] [1.9] Prescribed punishments Imprisonment of 3 years is increased to 10 years
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO - SOLDIER, SAILOR OR AIRMAN, ABETMENT OF ACT OF INSUBORDINATION BY [SECTION 166 OF BNS/SECTION 138 OF IPC]
[1.10]
Prescribed punishment Imprisonment is increased from 6 months to 2 years
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO - SOLDIER, SAILOR OR AIRMAN, WEARING GARB OR CARRYING TOKEN USED BY [SECTION 168 OF BNS/SECTION 140 OF IPC] [1.11] Prescribed fine Fine is increased from ` 500 to ` 2000
Para 1.16
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023
ASSAULT OR CRIMINAL FORCE IN ATTEMPT TO WRONGFULLY CONFINE A PERSON [SECTION 135 OF BNS/SECTION 357 OF IPC]
22
[1.12]
Prescribed fine
Fine increased 5-fold from ` 1000 to ` 5000
ASSAULT OR CRIMINAL FORCE ON GRAVE PROVOCATION [SECTION 136 OF BNS/SECTION 358 OF IPC]
[1.13]
Prescribed fine
Fine increased from ` 200 to ` 1000
ASSAULT OR CRIMINAL FORCE OTHERWISE THAN ON GRAVE PROVOCATION, PUNISHMENT FOR [SECTION 131 OF BNS/SECTION 352 OF IPC] [1.14] Prescribed fine Amount of fine imposable enhanced from ` 500 in section 352 of
IPC to ` 1000 in section 131 of BNS
ASSESSOR, PERSONATION OF [SECTION 268 OF BNS/SECTION 229 OF IPC]
[1.15]
Assessor Section 268 of BNS focusses on “assessor” and does not refer to
“juryman”
ATMOSPHERE MAKING, NOXIOUS TO HEALTH [SECTION 280 OF BNS/SECTION 278 OF IPC] Prescribed fine Amount of fine doubled from ` 500 to ` 1000
AUTOMATED TELLER MACHINE
See ‘Theft’, para 1.150
[1.16]
23
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023
Para 1.18
AUTOMATED TELLER MACHINE, THEFT OF
See Organised crime, petty, para 1.100
BEGGARY [SECTION 143 OF BNS/SECTION 370 OF IPC]
[1.17]
Beggary Beggary has been introduced as a form of exploitation for trafficking
and made punishable under section 143 of the BNS. [Explanation 1 to section 143(1) of BNS]. The definition of exploitation in Explanation 1 to section 370(1) of
IPC did not cover beggary in its scope . Minor For the word ‘minor’, word ‘child’ is used.
BETTING AND GAMBLING, UNAUTHORISED
See Organised crime, petty, para 1.100
BREACH OF PEACE, INTENTIONAL INSULT WITH INTENT TO PROVOKE [SECTION 352 OF BNS/SECTION 504 OF IPC]
[1.18]
Mandatory Summary trial
Offence of insult with intent to provoke a breach of the peace under
section 352 of BNS is now mandatorily to be tried summarily as per section 283(1)(v) of BNSS. Under section 260 of Cr.PC, it was summarily triable by Magistrate at his discretion. Offences enumerated in section 283(1) of BNSS are mandatorily to be tried summarily by Magistrates.
CARD SKIMMING
See ‘Theft’, para 1.150
CARD SKIMMING, THEFT THROUGH
See Organised crime, petty, para 1.100
Para 1.20
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023
24
CARGO THEFT
See Organised crime, petty, para 1.100
See ‘Theft’, para 1.150
CAUSING DEATH BY NEGLIGENCE [SECTION 106(1) OF BNS/SECTION 304A OF IPC]
[1.19]
Increased punishment
Section 106(1) of BNS provides that whoever causes death of any
person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years (2 years under section 304A of IPC).
The new law increases the punishment for causing death by negligence
from a maximum of two years to a maximum of five years. This change reflects a stricter approach to cases of negligence resulting in death.
See also Hit and run cases and also Medical Practitioner causing
death by his negligent act in medical procedure.
CHEATING [SECTION 318 OF BNS/ SECTIONS 415, 417, 418 AND 420 OF IPC]
[1.20]
Prescribed punishment Punishment for cheating by way of imprisonment increased from 1 year (section 417 of IPC) to 3 years (under section 318(2) of BNS) Punishment by way of imprisonment for cheating a person whose interest the offender was bound to protect has been increased from 3 years (section 418 of IPC) to 5 years (under section 318(3) of BNS) When offence of cheating is punishable under this section and when punishable u/s 112 If offender committing cheating is a member of a gang or group, the offence of cheating is punishable under section 112 as petty organized crime.
If
he commits it as a lone wolf (operating by himself solo and not part of gang/group), it will be punishable under this section.
25
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023
Para 1.23
[1.21]
CHEATING [Definition : Section 318(1)]
If offender is part of a group or a gang
If offender is a lone wolf (sole operator not part of any group or gang)
Punishable as petty organised crime under section 112(2) of BNS
Punishable under section 318(2)/318(3)/318(4)
[Non-compoundable offence]
[offence under section 318(2) is compoundable u/s 359(1) of BNSS; offence u/s 318(3) and 318(4) are compoundable u/s 359(2) of BNSS]
See also Organised crime, petty, para 1.100
CHEATING BY PERSONATION [SECTION 319 OF BNS/ SECTIONS 416 AND 419 OF IPC]
[1.22]
Prescribed punishment
Punishment for cheating by personation is increased from 3 years
(section 419 of IPC) to 5 years (section 319(2) of BNS)
CHILD [SECTION 2(3) OF BNS]
[1.23]
Child
Section 2(3) of BNS is a new provision
Section 2(3) of BNS defines ‘child’ to means any person below the age of 18 years
[NEW]
Para 1.26
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023
26
CHILD, BUYING FOR PURPOSES OF PROSTITUTION, ETC. [SECTION 99 OF BNS/SECTION 373 OF IPC] [1.24] Child
Word ‘child’ is substituted for ‘person’ in section 99 of BNS
Prescribed imprisonment
Imprisonment prescribed is ‘not less than 7 years but which may
extend to 14 years’. Earlier prescribed imprisonment was ‘ten years’
CHILD, HIRING, EMPLOYING OR ENGAGING TO COMMIT AN OFFENCE [SECTION 95 OF BNS]
[1.25]
Hiring child to commit an offence
Section 95 of BNS is a new provision
Section 95 of BNS provides that whoever hires, employs or engages
[NEW]
any person below the age of eighteen years to commit an offence shall be punished for with imprisonment of either description or fine provided for that offence as if the offence has been committed by such person himself.
Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
CHILD, PROCURATION OF [SECTION 96 OF BNS/SECTION 366A OF IPC]
[1.26]
Offence made gender neutral
Section 366A of IPC provided for offence of procuration of minor
girl (under the age of eighteen years). Section 96 of BNS deals with offence of procuration of any child below the age of eighteen years (irrespective of gender).
The protection accorded by section 96 of BNS to children is wider
than that accorded by section 366A of IPC since protection under section 96 is available to all children irrespective of gender while section 366A protected only minor girls.
All About New Criminal Laws AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE
: : : : : : :
TAXMANN’S EDITORIAL BOARD TAXMANN JANUARY 2024 2024 EDITION 9789357789783 298 PAPERBACK
Rs. 250 | USD 32
Description This dictionary-style book aims to simplify the complexities of the new criminal laws. It provides clear, concise explanations of key legal concepts in an easy-to-navigate alphabetical format. This book is divided into four divisions:
The first three divisions meticulously break down the legal concepts of the following: n
Bharatiya Nyaya Sanhita, 2023 (BNS)
n
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
n
Bharatiya Sakshya Adhiniyam, 2023 (BSA)
The fourth division serves as a valuable guide to the classification of offences and compoundable offences under Bharatiya Nyaya Sanhita, 2023
Whether you are a legal professional or a student eager to learn the new criminal laws, this book provides valuable insights with simple and legal language. The Present Publication is the Latest 2024 Edition, authored/edited by Taxmann’s Editorial Board, with the following noteworthy features:
[Helps Locate Corresponding Provisions of Old Law in the New Law] Seasoned legal experts familiar with the section numbers of the old criminal laws may encounter challenges in locating the corresponding provisions of the new criminal laws. This book will help you swiftly find relevant concepts with its user-friendly alphabetical arrangement
[Elaborate Explanations] Each concept is thoughtfully explained, highlighting whether it is either of the following:
n
New Provision
n
Legal Interpretation
n
Comparison with Old & New Provisions
n
Details on Punishment, Prosecution, and Omitted Provisions
[Exhaustive Coverage] The first three divisions cover: n
220+ Concepts of BNS
n
250+ Concepts of BNSS
n
30+ Concepts of BSA
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