AK Jain – New Criminal Laws (BNS, BNSS, BSA)
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Dr. Ashok Kumar Jain’s comprehensive work on the New Criminal Laws (2023) containing Bharatiya Nyaya Sanhita, Bharatiya Nagarik Surakha Sanhita and Bharatiya Sakshya Adhiniyam.
Overview of Bharatiya Nyaya Sanhita (BNS), Volume I
- Foundations of criminal law, exploring crime elements and strict liability.
- Liability shared by multiple actors and valid defenses including private defense.
- Concepts of criminal attempt and gradations of homicide (intentional, negligent).
- Offenses causing bodily harm and those targeting women.
- Crimes involving personal liberty (kidnapping, rape) and property (theft, cheating).
- Introduction of newly recognized offenses.
Overview of Bharatiya Nyaya Sanhita (BNS), Volume II
- Legal responsibilities such as abetment and conspiracy.
- Offenses against the State and public order, including sedition and riot.
- Crimes involving evidence tampering and immorality (obscenity).
- Harms tied to family and social institutions (dowry death, marital fraud).
- Assault, confinement, and property-related offenses like trespass and forgery.
- Legal provisions around reputation and punishment philosophy.
Overview of Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Procedural framework for criminal justice: case initiation to judgment.
- Investigation mechanisms, bail provisions, and trial conduct.
- Rights of victims and accused; alternative case resolution methods.
- Appellate remedies like appeal, revision, and reference.
- Notable procedural reforms introduced under BNSS.
Overview of Bharatiya Sakshya Adhiniyam (BSA)
- Rules on admissibility of evidence and statements (admissions, confessions).
- Handling of witness testimony, including dying declarations and expert analysis.
- Structure and rules for documentary evidence vs. oral testimony.
- Principles like burden of proof, estoppel, and privileged communication.
- Detailed procedures for witness examination.
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