Comparative table showing sections of
- The Bharatiya Nagarik Suraksha Sanhita, 2023 | The Code of Criminal Procedure, 1973
- The Bharatiya Nyaya Sanhita, 2023 | The Indian Penal Code, 1860
- The Bharatiya Sakshya Adhiniyam, 2023 | The Indian Evidence Act, 1872
- Comments
- Doctrine and Maxims
- Landmark Judgements
- Practice and Procedure
- Statement of Object and Reasons
This book contains:-
The Bharatiya Nagarik Suraksha Sanhita, 2023
Chapter:
- Preliminary
- Constitution of Criminal Courts and Offices
- Power of Courts
- Powers of Superior Officers of Police and Aid To The Magistrates and The Police
- Arrest of Persons
- Processes To Compel Appearance
- Processes To Compel The Production of Things
- Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property
- Security for Keeping The Peace and For Good Behavior
- Order for Maintenance of Wives, Children and Parents
- Maintenance of Public order and Tranquility
- Preventive Action of The Police
- Information to the police and Their powers to investigate
- Jurisdiction of the criminal courts in inquiries and trials
- Conditions Requisite for initiation of proceedings
- Complaints to magistrates
- Commencement of proceedings before magistrates
- The Charge
- Trial before a court of session
- Trial of warrant-cases by magistrates
- Trial of summons-cases by magistrates
- Summary Trials
- Plea Bargaining
- Attendance of persons confined or detained in prisons
- Evidence in inquiries and trials
- General Provisions as to inquiries and trials
- Provisions as to accused persons of unsound mind
- Provisions as to offences affecting the administration of justice
- The Judgment
- Submission of death sentences for confirmation
- Appeals
- Reference and Revision
- Transfer of Criminal Cases
- Execution, Suspension, Remission and Commutation of sentences
- Provisions as to bail and bonds
- Disposal of property
- Irregular Proceedings
- Limitation for Taking Cognizance of Certain Offences
- Miscellaneous
Landmark Judgments on Bhartiya Nagrik Suraksha Sanhita, 2023
Judgments:-
- Arresting a woman in night in absence of lady police
- Absence of Complainant from hearing, not a reason for dismissal of the case
- Can a person who is not available in India file an application for anticipatory bail under Cr.pc
- Delay in lodging fir in matrimonial offences has to be dealt with sympathetically
- Factors to be taken into consideration while granting anticipatory bail
- Police authorities are obliged to give the copy of Fir under Rti application
- Witness protection Guidelines
- State Government to act after consultation with central Government in certain cases
- Registration of Fir is mandatory, if the information discloses commission of a cognizable offence
- Police authorities cannot deny certified copy of Fir, Except in some sensitive cases
- Uploading of first information report within the territory of India in the official website of the police of all states, preferable within 24 hours
- There is no provision in cr.p.c. or elsewhere, curtailing the power of either of superior courts to entertain and decide pleas for bail
- section 151 of the code of criminal procedure is not unconstitutional and ultra vires to the constitutional provisions
- Whether father/mother are entitled to claim maintenance from married daughter
- Court would not interfere with the investigation during the course of investigation
- Direction to transfer Fir must be issued with name of concern police station
- Whether session court can summon person Suo Moto not named in police report to stand trial
- Right of person against whom proceedings are instituted to be defended
- Magistrate can take cognizance of an offence only if complaint in respect of it is filed within prescribed limitation period
- Whether withdrawal of prosecution by the public prosecutor from case that was filed against chief minister is valid
- Search and seizure under the provisions of the code of criminal procedure is not a compelled production
- Appointment of public prosecutors
- Whether Magistrate can allow prosecution to introduce new witness so as to fill up lacuna in its case as per s 311 of CrPC?
- A Judge in charge of the trial has to be extremely diligent so that no dent is created in the trial
- Anticipatory Bail
- Whether the high court can direct the subordinate courts to decide the bail application on the same day
- Whether magistrate has power to issue direction for investigation in exercise of power under section 202(1) CR.P.C. to get the matter investigated by the police or his power is limited in nature
- When the computation of 90 days under section 167 of the Cr.P.c. would commence
- What is the scope, content and ambit of the inherent power conferred on the high court under section 482 of the code of criminal procedure, 1973
- Non-payment of maintenance amount is no offence by itself
- Are the criminal courts jurisdictionally competent to impose a sentence of imprisonment in default of a direction to pay compensation under section 357(3) CrP.C.?
- Whether Magistrate has power to issue direction to arrest accused on basis of information gathered from newspaper
- Power under the code to investigate
- No accused can be permitted to play with the investigation
- Investigating officer duties
- Provisions as to accused persons of unsound mind
- When police may arrest without warrant
- Direction to publicly upload charge sheets against the scheme of Cr.P.C.
- Order for registration of an F.I.R. and investigation on the accusation of commission of the offences
- Recording of confessions and statements
- Filing of a charge sheet is sufficient compliance with the provisions of section 167 of the CrPC
- Summoning by Magistrate
- Summoning order is to be passed when the complainant discloses the offence
- Contents of Charge
- Language of record of evidence
- Power to summon material witness or examine person present
- Power to examine the accused
- Power to proceed against other persons appearing to be guilty of offence
- Pre-Arrest Bail
- Addition of a serious offence
The Bharatiya Nyaya Sanhita, 2023
Chapter:
- Preliminary
- of punishments
- General Exceptions
- Of Abetment, Criminal Conspiracy and Attempt
- Of Offences Against woman and child
- Of Offences Affecting The Human Body
- Of Offences Against the state
- Of Offences Relating to the army, Navy and AIR force
- Of Offences Relating to Elections
- Of Offences Relating to coin, Currency-Notes, Bank-Notes, and Government Stamps
- Of offences against the public tranquility
- Of offences by or relating to public servants
- Of Contempt’s of the lawful authority of public servants
- Of False Evidence and Offences against public justice
- Of offences affecting the public health, safety, convenience, Decency and morals
- Of Offences relating to religion
- Of offences against property
- Of offences relating to documents and to property marks
- Of criminal intimidation, insult, annoyance, defamation, ETC.
- Repeal and savings
Landmark Judgments on The Bharatiya Nyaya Sanhita, 2023
Judgment:
- No Automatic arrest of husband or relatives of husband of a woman in cruelty cases
- Our country has a dubious distinction of registering maximum number of deaths in road accidents.
- Freedom of speech and expression and defamation
- Posting a comment on the face book may not attract ingredients of criminal intimidation
- Citizens need not be coward
- Common intention can arise at spur of moment
- Free Speech no excuse to sully reputation
- The offence of rape can be distinguished on the basis of the intention of the accused
- Section 494 of IPC does not discriminate between an offender belonging to Hindu/Muslim/Christian male or female belonging to any cast
- Offences under section 304-A IPC cannot be quashed on the basis of compromise between parties
- Prosecution of litigants for dishonestly making false claims in court
- Section 285 of IPC does not criminalize burning of effigies in a political a Gitation
- Causing death by negligence
- There should be clear Mens Rea to commit offence in respect of abetment in suicide
- Common intention differs from similar intention
- Mistake of fact, section 76 IPC, 1860
- Accident (Section 80, IPC) BNSS, 2023 Section 82
- Insanity
- Culpable Homicide not amounting to murder
- Grave and sudden provocation
- Death Penalty is unconstitutional
- Criminal Breach of trust
- Anything that affects or is likely to affect 'Public Health', 'Hygiene' and Tranquility has to be abhorred
- Outraging the modesty of women
- Cabaret Dances and Obscenity
- Concept of obscenity would Differ from Country to Country Depending on the Standards of morals of contemporary society
- Assisting in Concealment of stolen Property
- Causing Death by Negligence
- Complaints under section 498A and other connected offences may be investigated only by a designated investigating officer
- What is the minimum period of imprisonment, which a person has to undergo in order to enable the appropriate government consider his case for commutation or remission
- Whether a husband can be prosecuted for the offence of rape punishable under section 376 of the IPC at the instance of his wife?
- Intercourse by public servant with woman in his custody
- Can an absconding accused, whose property is attached under section 83 of code of criminal procedure, file and application, after the expiry of two years to release the property
- Section 34 Indian Penal Code also uses the expression “Act in Furtherance of common intention”
- A mere common intention per se may not attract section 34 IPC
- Common Intention
- Right of Private Defence
- Criminal Conspiracy
- Conspiracy to commit offences punish able by section 121
- Every Member of unlawful assembly guilty of offence committed in prosecution of common object
- Essential condition of an unlawful assembly that its membership must be five or more
- Obscene acts and songs
- Act of Provocation and loss of self-control
- Grave and sudden provocation
- Offence of dowry death
- Two-Finger Test
- Criminal Breach of Trust
- Dishonestly Receiving Stolen Property
- Cheating
- Defamation
The Bharatiya Sakshya Adhiniyam, 2023
Chapter:
- Preliminary
- Relevancy of facts
- On Proof
- Facts which need not be proved
- Of oral Evidence
- Of Documentary Evidence
- Of the Exclusion of oral evidence by documentary evidence
- Of the burden of proof
- Estoppel
- Of witnesses
- Of Examination of witnesses
- Of Improper Admission and Rejection of Evidence
- Repeal and Savings
Landmark Judgments on The Bharatiya Sakshya Adhiniyam, 2023
Judgments:
- Appreciation of evidence
- Discrepancies in testimony of witness
- Appreciation of Evidence and benefit of doubt
- Hostile Witness
- Benefit of Doubt
- Evidence of witnesses who were relatives of deceased
- Credibility of eye-witness not to be judged merely on basis of his relationship with deceased
- Eye-witness
- Appreciation of Evidence and menace of witness turning hostile
- Testimony Related to eye-Witness
- Delay in Examination of witnesses
- Circumstantial Evidence
- Police Officer as sole witness
- Conviction on basis of circumstantial Evidence
- Conviction of testimony of sole Eye-Witness can be relied upon
- Abscondance of witness is not conclusive proof of guilt
- Hearsay Evidence
- Rustic Eye-Witness
- Whether Tape Record of Speeches is Document
- Witness is normally to be considered independent
- Evidentiary Value of Affidavit
- Child Witness
- Benefit of reasonable doubt is required to be given to the accused
- Appreciation of the principle of res gestae under section 6 evidence act
- Appreciation of Evidence in suicide cases
- Test identification Parade
- Identification Parades are not primarily meant for the court
- Test Identification parade, when it is not necessary
- Test identification parade, neither a substantive piece of evidence nor a rule of law
- Joint test identification parade
- Extra Judicial confession
- Extra Judicial confession its admissibility and evidentiary value
- Extra Judicial Confession
- Question whether a confession is voluntary or not is always a question of fact
- Test for circumstantial evidence
- Extra-Judicial confession is capable of sustaining conviction
- Information Given by the accused would be admissible
- Recovery on the disclosure
- When Dying Declaration can be relied upon
- Dying Declaration: Court Attached Intrinsic value of Truthfulness to such Statement
- Admissibility of a dying declaration
- Suspicion Regarding Dying Declaration
- Multiple Dying Declarations made in a fit state of mind
- Entries made in school leaving certificate
- Admissibility and probative value of document is different things
- Expert Witness
- Ocular witness
- Test identification parade is not substantive piece of Evidence
- Last seen Theory
- Presumption in favour of wedlock
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