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Criminal Major Acts (New Criminal Major Laws) | The Bharatiya Nagarik Suraksha Sanhita, 2023 (CrPC) | The Bharatiya Nyaya Sanhita, 2023 (IPC) | The Bharatiya Sakshya Adhiniyam, 2023 (IEA) | Alongwith Comparative Tables | Latest

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  • Binding : Paperback
  • Author : Subrata Sarkar, LL.M., PGCL., Advocate
  • Pages : 860
  • Publisher: Pal Publishing House
  • Edition: (Lexman); 1st Edition 2024
  • Language: English
  • ISBN10: 81-19-532-43-8
  • ISBN13: 978-81-19-532-43-8
  • In stock, Only 10 Left

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Description
Criminal Major Acts (New Criminal Major Laws)

Alongwith

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:-

  1. Arresting a woman in night in absence of lady police
  2. Absence of Complainant from hearing, not a reason for dismissal of the case
  3. Can a person who is not available in India file an application for anticipatory bail under Cr.pc
  4. Delay in lodging fir in matrimonial offences has to be dealt with sympathetically
  5. Factors to be taken into consideration while granting anticipatory bail
  6. Police authorities are obliged to give the copy of Fir under Rti application
  7. Witness protection Guidelines
  8. State Government to act after consultation with central Government in certain cases
  9. Registration of Fir is mandatory, if the information discloses commission of a cognizable offence
  10. Police authorities cannot deny certified copy of Fir, Except in some sensitive cases
  11. Uploading of first information report within the territory of India in the official website of the police of all states, preferable within 24 hours
  12. 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
  13. section 151 of the code of criminal procedure is not unconstitutional and ultra vires to the constitutional provisions
  14. Whether father/mother are entitled to claim maintenance from married daughter
  15. Court would not interfere with the investigation during the course of investigation
  16. Direction to transfer Fir must be issued with name of concern police station
  17. Whether session court can summon person Suo Moto not named in police report to stand trial
  18. Right of person against whom proceedings are instituted to be defended
  19. Magistrate can take cognizance of an offence only if complaint in respect of it is filed within prescribed limitation period
  20. Whether withdrawal of prosecution by the public prosecutor from case that was filed against chief minister is valid
  21. Search and seizure under the provisions of the code of criminal procedure is not a compelled production
  22. Appointment of public prosecutors
  23. Whether Magistrate can allow prosecution to introduce new witness so as to fill up lacuna in its case as per s 311 of CrPC?
  24. A Judge in charge of the trial has to be extremely diligent so that no dent is created in the trial
  25. Anticipatory Bail
  26. Whether the high court can direct the subordinate courts to decide the bail application on the same day
  27. 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
  28. When the computation of 90 days under section 167 of the Cr.P.c. would commence
  29. 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
  30. Non-payment of maintenance amount is no offence by itself
  31. 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.?
  32. Whether Magistrate has power to issue direction to arrest accused on basis of information gathered from newspaper
  33. Power under the code to investigate
  34. No accused can be permitted to play with the investigation
  35. Investigating officer duties
  36. Provisions as to accused persons of unsound mind
  37. When police may arrest without warrant
  38. Direction to publicly upload charge sheets against the scheme of Cr.P.C.
  39. Order for registration of an F.I.R. and investigation on the accusation of commission of the offences
  40. Recording of confessions and statements
  41. Filing of a charge sheet is sufficient compliance with the provisions of section 167 of the CrPC
  42. Summoning by Magistrate
  43. Summoning order is to be passed when the complainant discloses the offence
  44. Contents of Charge
  45. Language of record of evidence
  46. Power to summon material witness or examine person present
  47. Power to examine the accused
  48. Power to proceed against other persons appearing to be guilty of offence
  49. Pre-Arrest Bail
  50. 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:

  1. No Automatic arrest of husband or relatives of husband of a woman in cruelty cases
  2. Our country has a dubious distinction of registering maximum number of deaths in road accidents.
  3. Freedom of speech and expression and defamation
  4. Posting a comment on the face book may not attract ingredients of criminal intimidation
  5. Citizens need not be coward
  6. Common intention can arise at spur of moment
  7. Free Speech no excuse to sully reputation
  8. The offence of rape can be distinguished on the basis of the intention of the accused
  9. Section 494 of IPC does not discriminate between an offender belonging to Hindu/Muslim/Christian male or female belonging to any cast
  10. Offences under section 304-A IPC cannot be quashed on the basis of compromise between parties
  11. Prosecution of litigants for dishonestly making false claims in court
  12. Section 285 of IPC does not criminalize burning of effigies in a political a Gitation
  13. Causing death by negligence
  14. There should be clear Mens Rea to commit offence in respect of abetment in suicide
  15. Common intention differs from similar intention
  16. Mistake of fact, section 76 IPC, 1860
  17. Accident (Section 80, IPC) BNSS, 2023 Section 82
  18. Insanity
  19. Culpable Homicide not amounting to murder
  20. Grave and sudden provocation
  21. Death Penalty is unconstitutional
  22. Criminal Breach of trust
  23. Anything that affects or is likely to affect 'Public Health', 'Hygiene' and Tranquility has to be abhorred
  24. Outraging the modesty of women
  25. Cabaret Dances and Obscenity
  26. Concept of obscenity would Differ from Country to Country Depending on the Standards of morals of contemporary society
  27. Assisting in Concealment of stolen Property
  28. Causing Death by Negligence
  29. Complaints under section 498A and other connected offences may be investigated only by a designated investigating officer
  30. 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
  31. Whether a husband can be prosecuted for the offence of rape punishable under section 376 of the IPC at the instance of his wife?
  32. Intercourse by public servant with woman in his custody
  33. 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
  34. Section 34 Indian Penal Code also uses the expression “Act in Furtherance of common intention”
  35. A mere common intention per se may not attract section 34 IPC
  36. Common Intention
  37. Right of Private Defence
  38. Criminal Conspiracy
  39. Conspiracy to commit offences punish able by section 121
  40. Every Member of unlawful assembly guilty of offence committed in prosecution of common object
  41. Essential condition of an unlawful assembly that its membership must be five or more
  42. Obscene acts and songs
  43. Act of Provocation and loss of self-control
  44. Grave and sudden provocation
  45. Offence of dowry death
  46. Two-Finger Test
  47. Criminal Breach of Trust
  48. Dishonestly Receiving Stolen Property
  49. Cheating
  50. 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:

  1. Appreciation of evidence
  2. Discrepancies in testimony of witness
  3. Appreciation of Evidence and benefit of doubt
  4. Hostile Witness
  5. Benefit of Doubt
  6. Evidence of witnesses who were relatives of deceased
  7. Credibility of eye-witness not to be judged merely on basis of his relationship with deceased
  8. Eye-witness
  9. Appreciation of Evidence and menace of witness turning hostile
  10. Testimony Related to eye-Witness
  11. Delay in Examination of witnesses
  12. Circumstantial Evidence
  13. Police Officer as sole witness
  14. Conviction on basis of circumstantial Evidence
  15. Conviction of testimony of sole Eye-Witness can be relied upon
  16. Abscondance of witness is not conclusive proof of guilt
  17. Hearsay Evidence
  18. Rustic Eye-Witness
  19. Whether Tape Record of Speeches is Document
  20. Witness is normally to be considered independent
  21. Evidentiary Value of Affidavit
  22. Child Witness
  23. Benefit of reasonable doubt is required to be given to the accused
  24. Appreciation of the principle of res gestae under section 6 evidence act
  25. Appreciation of Evidence in suicide cases
  26. Test identification Parade
  27. Identification Parades are not primarily meant for the court
  28. Test Identification parade, when it is not necessary
  29. Test identification parade, neither a substantive piece of evidence nor a rule of law
  30. Joint test identification parade
  31. Extra Judicial confession
  32. Extra Judicial confession its admissibility and evidentiary value
  33. Extra Judicial Confession
  34. Question whether a confession is voluntary or not is always a question of fact
  35. Test for circumstantial evidence
  36. Extra-Judicial confession is capable of sustaining conviction
  37. Information Given by the accused would be admissible
  38. Recovery on the disclosure
  39. When Dying Declaration can be relied upon
  40. Dying Declaration: Court Attached Intrinsic value of Truthfulness to such Statement
  41. Admissibility of a dying declaration
  42. Suspicion Regarding Dying Declaration
  43. Multiple Dying Declarations made in a fit state of mind
  44. Entries made in school leaving certificate
  45. Admissibility and probative value of document is different things
  46. Expert Witness
  47. Ocular witness
  48. Test identification parade is not substantive piece of Evidence
  49. Last seen Theory
  50. Presumption in favour of wedlock

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