Vageshwari Deswal Textbook on Bharatiya Nyaya Sanhita 2023

This textbook provides a comprehensive and scholarly exposition of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023), the newly enacted penal law of India that replaces the Indian Penal Code, 1860. 

Key features and coverage include:

• Statutory Text with Annotation: The full text of BNS 2023 is reproduced, with section-wise commentary, explanations of key terms, and references to judicial pronouncements and legislative debates.

• Comparative Tables: Side-by-side comparison of provisions under the old IPC 1860 and the new BNS 2023 to highlight additions, deletions, amendments, and re-numbering. 

• Interpretative Notes and Illustrations: Explanatory notes, hypothetical examples, and illustrations to aid understanding of complex concepts.

• Landmark Cases & Jurisprudence: Citation and discussion of important judgments relating to offences under the old IPC that are relevant under BNS, and how judicial interpretations may inform application of the new law.

• Legislative Intent & Debates: Insights into legislative history, parliamentary debates, and objectives behind major reforms.

• Pedagogical Tools: Study aids like flowcharts, issue-spotting checklists, summaries, and self-test questions to assist students and practitioners.

• Updates & Amendments: Inclusion of the latest amendments, notifications, and transitional provisions relevant to BNS 2023.

• Practical Orientation: Analysis with respect to enforcement, procedural implications, and transitional issues (for instance, offences committed prior to the effective date).

Scope & Structure

• Enactment & Commencement: The Act was passed in December 2023 and comes into force from 1 July 2024.

• Chapters & Sections: BNS 2023 contains multiple chapters covering Preliminary, Punishments, General Exceptions, Offences (against persons, property, state, etc.), Abetment, Conspiracy, Sexual Offences, etc. 

• New / Modified Provisions: New offences (such as organized crime, environmental offences, human trafficking), enhanced punishments for many crimes, community service for certain offences, removal of “sedition” in favor of “treason” (e.g. Section 147)                                                                                                                                                                   Transitional & Savings Provisions: Provisions to manage transition from IPC to BNS, handling pending cases, and interpretation issues.

• Applicability: The law applies to all persons (Indian citizens, persons on Indian soil etc.), with special clauses as required by BNS.

Intended Audience & Uses

This textbook is designed for:

• Law Students (LLB, LLM) studying criminal law under the new criminal code

• Legal Practitioners, Advocates & Prosecutors seeking to understand and apply BNS 2023

• Judiciary & Police Officers who will interpret or enforce provisions of the new law

• Exam Aspirants (Judicial Service, UPSC, State PSCs) preparing for questions on the new criminal law regime

• Scholars & Researchers interested in legislative reform, comparative criminal law, and jurisprudence