EBC’s Combo of Commentaries on New Criminal Laws: Bharatiya Nyaya Sanhita | Bharatiya Nagarik Suraksha Sanhita | Bharatiya Sakshya Adhiniyam (2023)

This boxset contains the following books:

1. Bharatiya Nagarik Suraksha Sanhita, 2023 (Criminal Procedure):- A commentary by J.K. Verma is a treatise on the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has repealed and replaced the Code of Criminal Procedure, 1973 (CrPC).

The BNSS, replacing the CrPC, now comprises 531 sections. Of these, 160 sections of the CrPC have been changed, amended, or substituted. Additionally, 9 new sections have been added, and 9 sections have been repealed.

Notable features of the new law include the introduction of e-FIRs, the compulsory recording of the victim’s statement in cases of sexual violence, and the video recording of statements in cases of sexual harassment. The law also mandates regularly furnishing the status of complaints to the complainant, shows enhanced concern for victims, provides for deemed sanction for prosecution, rules out total pardoning, and promotes forensic science to optimise the rate of conviction.

The BNSS broadens the scope of police power in property seizure. While the CrPC initially allowed the seizure of movable properties suspected to be stolen or found under suspicious circumstances, Section 85 of the BNSS extends this authority to include immovable properties as well.

The prefatory notes by Manisha Karia, Kumar Askand Pandey, and Sanjay Vashishtha, who are prominent criminal law academicians and practitioners, will be quite useful and informative for readers.

2.Bharatiya Sakshya Adhiniyam, 2023 (Evidence):- A commentary by J.K. Verma is a treatise on the newly enacted Bharatiya Sakshya Adhiniyam, 2023 (BSA), which repealed and replaced the Indian Evidence Act, 1872. Since significant sociological and scientific developments have taken place since independence, the provisions of the Act of 1872 increasingly required a thorough overhaul to incorporate these advancements. The result is the present Bharatiya Sakshya Adhiniyam, 2023.

The BSA, replacing the Evidence Act, now has 170 sections instead of the earlier 167, with 23 sections changed, 1 new section added, and 5 sections repealed. Emphasising the importance and role of information technology, the BSA enlarges the definition of a document to include electronic records and recognises them as primary evidence. It also permits depositions, examinations, and cross-examinations of accused and witnesses through video conferencing. Further, digitalisation of criminal process from FIR to case diary, case diary to charge-sheet and charge-sheet to judgment as also videography of search and seizure have been emphasised and provided.

Prefatory notes included in the book of Manisha Karia, Kumar Askand Pandey and Sanjay Vashishtha, who are prominent criminal law academicians and practitioners, will be quite useful and informative for readers.

3.Bharatiya Nyaya Sanhita, 2023 (Offences and Penalties):- A commentary by J.K. Verma is a treatise on the newly enacted Bharatiya Nyaya Sanhita, 2023 (BNS), which repealed and replaced the Indian Penal Code, 1860. Numerous amendments had been made to the IPC over time to keep pace with changing times. However, the basic framework was rooted in a colonial mindset. Given significant sociological and scientific developments since independence, the provisions of the IPC increasingly required a thorough overhaul to achieve the goals set by the Constitution and fulfill the aspirations of the people.

The BNS now has 358 sections instead of the earlier 511 sections in the IPC, with 175 sections changed, 8 new sections added, and 22 sections repealed. Importantly, all the definitions spread over 34 sections in the IPC have been consolidated into one section. The BNS introduces the terms ”child” and ”transgender”, adds 20 new offences (including environmental pollution, human trafficking, organised crime, and terrorism), and omits 19 provisions of the IPC. Imprisonment has been increased for 33 offences, fines for 83 offences, and mandatory minimum punishments for 23 offences. Community service has been introduced for six offences. The term ”unsound mind” is replaced by ”mental illness.” Further, the offences of adultery and unnatural sex have been omitted.

Prefatory notes by Manisha Karia, Prof. K.I. Vibhute, Prof. Kumar Askand Pandey and Sanjay Vashishtha, who are prominent criminal law academicians and practitioners, will be quite useful and informative for readers.

These books also includes a comparative table showing the correspondence between the provisions of the old law and those of the new law.

Overall, these books will be immensely useful to legal practitioners, students, law school faculty members, and anyone interested in understanding this new law on offences and penalties.