Bharatiya Nyaya Sanhita: Overview And Features

Overview: The Bharatiya Nyaya Sanhita 2023 (BNS 2023) is a groundbreaking initiative aimed at reforming and modernizing India's antiquated criminal justice system.

It seeks to replace the Indian Penal Code (IPC) of 1860, providing a legal framework that addresses the contemporary societal, technological, and legal challenges that have arisen since the colonial era.

This new legislative framework has been meticulously drafted by a committee of legal experts and policymakers to ensure it meets the evolving needs of Indian society.

If you are a Lawer, a law student, aspiring Judiciary aspirant or anyone person of legal fraternity then you must know about all three new criminal laws and for that

In this Blog we will cover:

• About the Bharatiya Nyaya Sanhita 2023
• Background of the Bharatiya Nyaya Sanhita Bill 2023
• Need for Replacing IPC with BNS
• Key Features of the Bharatiya Nyaya Sanhita 2023
• Scheme of the Bharatiya Nyaya Sanhita (BNS)
• Enhanced Fines and Punishments in the BNS

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About the Bharatiya Nyaya Sanhita 2023

The Bharatiya Nyaya Sanhita (BNS) 2023 is a comprehensive reform of India's criminal law, designed to replace the Indian Penal Code (IPC) of 1860. While maintaining much of the IPC's original structure, the BNS introduces new offenses, removes decriminalized offenses, and increases penalties for various crimes. The new code has been meticulously reviewed by the Standing Committee on Home Affairs to ensure thorough examination and effective implementation.

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Background of the Bharatiya Nyaya Sanhita Bill 2023

The Indian Penal Code (IPC), established in 1860, has been the cornerstone of India's criminal justice system for over a century. Drafted during British colonial rule, the IPC provided detailed legal classifications and punishments for a wide range of offenses. Over the years, the IPC has been amended numerous times to adapt to the evolving social, economic, and technological landscape.

Significant changes have been driven by Supreme Court rulings and Law Commission reports, including the decriminalization of consensual same-sex relationships, adultery, and attempts to commit suicide, along with region-specific amendments by individual states.

Despite these efforts, the IPC has struggled to address modern issues such as cybercrime, organized crime, and terrorism. In response to the need for a more contemporary and efficient legal framework, the Bharatiya Nyaya Sanhita (BNS) 2023 was introduced.

This new code retains the core provisions of the IPC while incorporating new offenses and increasing penalties for various crimes. Reviewed by the Standing Committee on Home Affairs, the BNS aims to align India's criminal law with present-day realities, ensuring a more robust and relevant legal system.

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Need for Replacing IPC with BNS

The Indian Penal Code (IPC), enacted in 1860, has become outdated and inadequate for addressing today's complex legal issues. The Bharatiya Nyaya Sanhita (BNS) 2023 was introduced to modernize criminal law, better aligning it with current social realities, technological advancements, and human rights standards.

1. Outdated Provisions: Many aspects of the IPC are antiquated and fail to reflect the contemporary socio-economic and technological landscape.
2. Colonial Legacy: Drafted by the British for colonial administration, the IPC often does not meet the needs of a modern, independent democracy.
3. Complexity and Ambiguity: Over time, the IPC has become cumbersome, with complex legal language that can be ambiguous and challenging to interpret.
4. Victim-Centric Approach: The IPC has traditionally been more offender-centric, with less focus on victim support and rehabilitation.
5. Procedural Inefficiencies: The IPC has contributed to procedural delays and backlogs in the court system, necessitating a more efficient legal framework.

The BNS 2023 addresses these issues, providing a more relevant and effective criminal justice system for contemporary India.

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Key Features of the Bharatiya Nyaya Sanhita 2023

The Bharatiya Nyaya Sanhita (BNS) 2023 introduces updated legal provisions to address contemporary crimes such as cybercrime and organized crime, reflecting modern societal challenges. It also enhances penalties for serious offenses and emphasizes human rights protections, such as penalties against public servant torture.

Offenses Against the Body The BNS retains existing provisions from the IPC that criminalize acts such as murder, abetment of suicide, assault, and causing grievous hurt. It introduces new offenses related to organized crime, terrorism, and group-led murders or grievous hurt based on specific grounds.

Sexual Offenses Against Women The BNS upholds IPC provisions against rape, voyeurism, stalking, and acts insulting the modesty of women. It raises the age threshold for victims to be classified as minors in gang rape cases from 16 to 18 years. It also addresses deceitful sexual intercourse, introducing penalties for intercourse obtained through false promises.

Sedition A notable change is the removal of the offense of sedition. The BNS penalizes actions aimed at inciting secession, armed rebellion, subversive activities, encouraging separatist sentiments, and endangering India's sovereignty or unity. These actions can involve verbal or written communication, electronic means, or financial transactions.

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Terrorism The BNS comprehensively defines terrorism, encompassing acts intended to threaten national unity, intimidate the public, or disturb public order. Severe penalties are prescribed, including death or life imprisonment with hefty fines if the terrorist act results in death.

Organized Crime The BNS provides detailed provisions for organized crime. It covers activities such as kidnapping, extortion, contract killings, land grabbing, financial scams, and cybercrime conducted by crime syndicates. Punishments include death or life imprisonment and substantial fines if these crimes lead to a person's death.

Mob Lynching The BNS adds offenses related to mob lynching, defining it as murder or grievous hurt by five or more individuals based on race, caste, sex, language, or personal belief. Punishments for such acts range from a minimum of seven years' imprisonment to life imprisonment or death.

Supreme Court Rulings The BNS aligns with various Supreme Court rulings. This includes the decriminalization of adultery and the inclusion of life imprisonment—as an alternative to the death penalty—for severe crimes committed by life convicts.

Scheme of the Bharatiya Nyaya Sanhita (BNS)

• Overall Structure: The BNS comprises 20 chapters.
• Priority to Offenses Against Women and Children: Offenses against women and children, along with murder, have been given precedence in the new code. Previously scattered throughout the Indian Penal Code (IPC) of 1860, these offenses are now consolidated under Chapter V for better coherence and emphasis.
• Order of Offenses: Offenses affecting the human body are organized and placed immediately after the chapter on offenses against women and children.
• Streamlined Content: The BNS has been streamlined to contain only 358 sections, compared to the 511 sections in the IPC of 1860.

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Enhanced Fines and Punishments in the BNS

In the IPC, fines were minimal, ranging from ₹10 to ₹1,000. Similarly, the punishments for various offenses required rationalization. Consequently, the terms of imprisonment for 33 offenses have been appropriately increased, fines in 83 cases have been elevated, and mandatory minimum punishments have been introduced for 23 offenses.

BNS Section	BNS Description	IPC Section	IPC Description
Of Extortion
308(7)	Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.	388	Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.
Of Robbery and Dacoity
309(1)(2)(3)	Robbery	390	Robbery
309(4)	Robbery	392	Punishment for robbery
309(5)	Robbery	393	Attempt to commit robbery
309(6)	Robbery	394	Voluntarily causing hurt in committing robbery
310(1)	Dacoity	391	Dacoity
310(2)	Dacoity	395	Punishment for dacoity
310(3)	Dacoity	396	Dacoity with murder
310(4)	Dacoity	399	Making preparation to commit dacoity
310(5)	Dacoity	402	Assembling for purpose of committing dacoity
310(6)	Dacoity	400	Punishment for belonging to gang of dacoits
311	Robbery, or dacoity, with attempt to cause death or grievous hurt	397	Robbery, or dacoity, with attempt to cause death or grievous hurt
312	Attempt to commit robbery or dacoity when armed with deadly weapon	398	Attempt to commit robbery or dacoity when armed with deadly weapon
313	Punishment for belonging to gang of robbers, dacoits, etc.	401	Punishment for belonging to gang of thieves
Of Criminal Misappropriation of Property
314	Dishonest misappropriation of property	403	Dishonest misappropriation of property
315	Dishonest misappropriation of property possessed by deceased person at the time of his death	404	Dishonest misappropriation of property possessed by deceased person at the time of his death
Of Criminal Breach of Trust
316(1)	Criminal breach of trust	405	Criminal breach of trust
316(2)	Criminal breach of trust	406	Punishment for criminal breach of trust
316(3)	Criminal breach of trust	407	Criminal breach of trust by carrier, etc.
316(4)	Criminal breach of trust	408	Criminal breach of trust by clerk or servant
316(5)	Criminal breach of trust	409	Criminal breach of trust by public servant, or by banker, merchant or agent
Of Receiving Stolen Property
317(1)	Stolen property	410	Stolen property
317(2)	Stolen property	411	Dishonestly receiving stolen property
317(3)	Stolen property	412	Dishonestly receiving property stolen in the commission of a dacoity
317(4)	Stolen property	413	Habitually dealing in stolen property
317(5)	Stolen property	414	Assisting in concealment of stolen property
Of Cheating
318(1)	Cheating	415	Cheating
318(2)	Cheating	417	Punishment for cheating
318(3)	Cheating	418	Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect
318(4)	Cheating	420	Cheating and dishonestly inducing delivery of property
Of Cheating by Personation
319(1)	Cheating by personation	416	Cheating by personation
319(2)	Cheating by personation	419	Punishment of cheating by personation
Of Fraudulent Deeds and Dispositions of Property
320	Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors	421	Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
321	Dishonestly or fraudulently preventing debt being available for creditors	422	Dishonestly or fraudulently preventing debt being available for creditors
322	Dishonest or fraudulent execution of deed of transfer containing false statement of consideration	423	Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
323	Dishonest or fraudulent removal or concealment of property	424	Dishonest or fraudulent removal or concealment of property
Of Mischief
324(1)	Mischief	425	Mischief
324(2)	Mischief	426	Punishment for mischief
324(3)	Mischief	New Sub- Section
324(4)	Mischief	427	Mischief causing damage to the amount of fifty rupees
324(5)	Mischief	New Sub-Section
324(6)	Mischief	440	Mischief committed after preparation made for causing death or hurt
325	Mischief by killing or maiming animal	428	Mischief by killing or maiming animal of the value of ten rupees
325	Mischief by killing or maiming animal	429	Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees
326(a)	Mischief by injury, inundation, fire or explosive substance, etc.	430	Mischief by injury to works of irrigation or by wrongfully diverting water
326(b)	Mischief by injury, inundation, fire or explosive substance, etc.	431	Mischief by injury to public road, bridge, river or channel
326(c)	Mischief by injury, inundation, fire or explosive substance, etc.	432	Mischief by causing inundation or obstruction to public drainage attended with damage
326(d)	Mischief by injury, inundation, fire or explosive substance, etc.	433	Mischief by destroying, moving or rendering less useful a light-house or sea-mark
326(e)	Mischief by injury, inundation, fire or explosive substance, etc.	434	Mischief by destroying or moving, etc., a land-mark fixed by public authority
326(f)	Mischief by injury, inundation, fire or explosive substance, etc.	435	Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees
326(g)	Mischief by injury, inundation, fire or explosive substance, etc.	436	Mischief by fire or explosive substance with intent to destroy house, etc.
327(1)	Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden	437	Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden
327(2)	Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden	438	Punishment for the mischief described in section 437 committed by fire or explosive substance
328	Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.	439	Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
Of Criminal Trespass
329(1)	Criminal trespass and house-trespass	441	Criminal trespass
329(2)	Criminal trespass and house-trespass	442	House-trespass
329(3)	Criminal trespass and house-trespass	447	Punishment for criminal trespass
329(4)	Criminal trespass and house-trespass	448	Punishment for house-trespass
330(1)	House-trespass and house-breaking	443	Lurking house-trespass
Deleted	House-trespass and house-breaking	444	Lurking house-trespass by night
330(2)	House-trespass and house-breaking	445	House-breaking
Deleted	House-trespass and house-breaking	446	House-breaking by night
331(1)	Punishment for house-trespass or house-breaking	453	Punishment for lurking house-trespass or house-breaking
331(2)	Punishment for house-trespass or house-breaking	456	Punishment for lurking house-trespass or house-breaking by night
331(3)	Punishment for house-trespass or house-breaking	454	Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment
331(4)	Punishment for house-trespass or house-breaking	457	Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment
331(5)	Punishment for house-trespass or house-breaking	455	Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint
331(6)	Punishment for house-trespass or house-breaking	458	Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint
331(7)	Punishment for house-trespass or house-breaking	459	Grievous hurt caused whilst committing lurking house-trespass or house-breaking
331(8)	Punishment for house-trespass or house-breaking	460	All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them
332(a)	House-trespass in order to commit offence	449	House-trespass in order to commit offence punishable with death
332(b)	House-trespass in order to commit offence	450	House-trespass in order to commit offence punishable with imprisonment for life
332(c)	House-trespass in order to commit offence	451	House-trespass in order to commit offence punishable with imprisonment
333	House-trespass after preparation for hurt, assault or wrongful restraint	452	House-trespass after preparation for hurt, assault or wrongful restraint
334(1)	Dishonestly breaking open receptacle containing property	461	Dishonestly breaking open receptacle containing property
334(2)	Dishonestly breaking open receptacle containing property	462	Punishment for same offence when committed by person entrusted with custody
Of Offences Relating to Documents and to Property Marks
335	Making a false document	464	Making a false document
336(1)	Forgery	463	Forgery
336(2)	Forgery	465	Punishment for forgery
336(3)	Forgery	468	Forgery for purpose of cheating
336(4)	Forgery	469	Forgery for purpose of harming reputation
337	Forgery of record of Court or of public register, etc.	466	Forgery of record of Court or of public register, etc.
338	Forgery of valuable security, will, etc.	467	Forgery of valuable security, will, etc.
339	Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine	474	Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine
340(1)	Forged document or electronic record and using it as genuine	470	Forged document or electronic record
340(2)	Forged document or electronic record and using it as genuine	471	Using as genuine a forged document or electronic record
341(1)	Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338	472	Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467
341(2)	Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338	473	Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise
341(3)	Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338	New Sub-Section
341(4)	Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338	New Sub-Section
342(1)	Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material	475	Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material
342(2)	Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material	476	Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material
343	Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security	477	Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
344	Falsification of accounts	477A	Falsification of accounts
**Of Property Marks	Of Property and Other Marks**
345(1)	Property mark	479	Property mark
345(2)	Property mark	481	Using a false property mark
345(3)	Property mark	482	Punishment for using a false property mark
346	Tampering with property mark with intent to cause injury	489	Tampering with property mark with intent to cause injury
347(1)	Counterfeiting a property mark	483	Counterfeiting a property mark used by another
347(2)	Counterfeiting a property mark	484	Counterfeiting a mark used by a public servant
348	Making or possession of any instrument for counterfeiting a property mark	485	Making or possession of any instrument for counterfeiting a property mark
349	Selling goods marked with a counterfeit property mark	486	Selling goods marked with a counterfeit property mark
350(1)	Making a false mark upon any receptacle containing goods	487	Making a false mark upon any receptacle containing goods
350(2)	Making a false mark upon any receptacle containing goods	488	Punishment for making use of any such false mark
**Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc.	Of Criminal Intimidation, Insult and Annoyance**
351(1)	Criminal intimidation	503	Criminal intimidation
351(2), 351(3)	Criminal intimidation	506	Punishment for criminal intimidation
351(4)	Criminal intimidation	507	Criminal intimidation by an anonymous communication
352	Intentional insult with intent to provoke breach of peace	504	Intentional insult with intent to provoke breach of the peace
353	Statements conducing to public mischief	505	Statements conducing to public mischief
354	Act caused by inducing person to believe that he will be rendered an object of Divine displeasure	508	Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure
355	Misconduct in public by a drunken person (Change)	510	Misconduct in public by a drunken person
**Of Defamation	Of Defamation**
356(1)	Defamation (Change)	499	Defamation
356(2)	Defamation (Change)	500	Punishment for defamation
356(3)	Defamation (Change)	501	Printing or engraving matter known to be defamatory
356(4)	Defamation (Change)	502	Sale of printed or engraved substance containing defamatory matter
**Of Breach of Contract to Attend on and Supply Wants of Helpless Person	Of the Criminal Breach of Contracts of Service**
357	Breach of contract to attend on and supply wants of helpless person	491	Breach of contract to attend on and supply wants of helpless person
Chapter XX – Repeal and Saving
358	Repeal and savings	New Section
Deleted		309	Attempt to commit suicide
Deleted		310	Thug
Deleted		311	Punishment

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Definitions [Section 2 of BNS/Sections 8 to 52A of IPC]

Consolidation and Retention:

• The majority of the interpretation clauses from sections 8 to 52A of the IPC, 1860, have been retained in the BNS without any changes. These clauses have been consolidated into section 2 of the BNS and organized in alphabetical dictionary sequence for ease of reading and reference.

Contextual Applicability:

• The applicability of these interpretation rules in the BNS is subject to the context of each provision. All definitions in section 2 of the BNS are qualified by the phrase “unless the context otherwise requires,” ensuring that their application is contextual. This differs from the IPC, where the definitions in sections 8 to 52A (except sections 9, 32, and 46) were not made subject to contextual requirements.

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Notable Definitions in BNS:

• Child (Section 2(3)): Defines a child as any person below the age of 18 years.
• Documents (Section 2(8)): Includes ‘electronic and digital records’ in the definition of documents.
• Transgender (Section 2(10)): Explicitly refers to and defines the term 'transgender,' which was not included in section 8 of the IPC.
• Judge (Section 2(16)): Provides a more concise definition of “Judge,” following a similar pattern as the IPC.
• Calendar (Section 2(20)): The IPC’s section 49 required the year or month to be reckoned according to the British calendar, whereas section 2(20) of the BNS requires these to be reckoned according to the Gregorian calendar.

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Community Service

• Introduction of Community Service:

  • Section 4(f) of the BNS introduces community service as a new form of punishment for the first time.
  • This aims to reduce the burden on jails and provides legal status to community service as a form of punishment for petty offenses.

• Applicability and Definition:

  • Community service is prescribed as punishment for offenses such as non-appearance in response to a proclamation, attempt to commit suicide, compelling or restraining the exercise of lawful power of a public servant, petty theft (with return of theft money), misconduct in public by a drunken person, defamation, etc.
  • Although not explicitly defined in the BNS, community service is described in the explanation to section 23 of the BNSS as work ordered by the court for the benefit of the community, without any remuneration.

• Legal Provisions and Consequences:

  • The BNS includes provisions for imprisonment in default of community service (Section 4).
  • Section 8(4) and (5) of the BNS specify imprisonment terms for defaulting on community service:
    1. Fine not exceeding ₹5,000 or community service – Imprisonment not exceeding 2 months
    2. Fine not exceeding ₹10,000 or community service – Imprisonment not exceeding 4 months
    3. In any other case – Imprisonment not exceeding 1 year

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Abetment Outside India for Offences in India (Section 48 of BNS)

• Abetment Beyond Borders:

  • Section 48 of the BNS criminalizes abetment of offenses from outside India, allowing prosecution of individuals located in foreign countries.
  • This provision expands the scope of legal accountability for actions that would constitute an offense if committed within India.

• Punishment Enhancements:

  • The BNS increases the punishment for abetment from the IPC's provision of up to 3 years imprisonment or fine (Section 117) to up to 7 years imprisonment and fine (Section 57).

Offenses Against Women

• Changes in Legal Provisions:

  • Section 63 (Exception 2): Sexual intercourse or acts by a man with his wife, provided she is not under 18 years of age, is not considered rape (previously 15 years in IPC Section 375).
  • Section 65: Combines age categories (under 12 and under 16) into a single section, simplifying the legal framework.
  • Section 69: Introduces penalties for deceitful sexual intercourse under the pretext of marriage, with imprisonment up to 10 years and fines.

• Other Significant Changes:

  • Section 70(2): Provides the death penalty for gang rape of women under 18 years (previously only for those under 12 years in IPC Section 376DB).
  • Section 84: Criminalizes enticement or concealment of a married woman for illicit intercourse, punishable by up to 2 years imprisonment, fine, or both (similar to IPC Section 498).

Offenses Against Children

• Changes in Trafficking:
  • Section 95: Criminalizes hiring, employing, or engaging a child to commit an offense, with imprisonment from 7 to 10 years.
  • Section 96: Expands the scope to cover procuration of any child under 18, irrespective of gender.
  • Section 99: Adjusts the punishment for trafficking children from a minimum of 10 years to a range of 7 to 14 years.

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Mob Lynching (Section 103(1) of BNS)

• New Provisions:
  • Section 103(2): Introduces criminal liability and punishment for mob killings based on race, caste, community, sex, place of birth, language, personal belief, or other grounds, with penalties ranging from life imprisonment to death.

Revival of IPC 303 Repealed in Mithu

• Section 104:
  • Reintroduces the punishment for life convicts who commit murder, with penalties of either death or life imprisonment for the remainder of their natural life.
  • Addresses the unconstitutionality declared in Mithu v. State of Punjab by providing alternative punishments.

Culpable Homicide Not Amounting to Murder (Section 105 of BNS)

• Punishment Adjustments:
  • Section 105: Establishes a statutory minimum of 5 years for culpable homicide not amounting to murder, previously without minimum punishment under the IPC.
  • Section 105: Defines punishment terms based on the intention and knowledge associated with the act causing death.

Causing Death by Negligence: Hit and Run Cases

• Provisions and Explanations:
  • Section 106(1): Punishes negligent acts causing death with up to 5 years imprisonment and fines, with specific provisions for registered medical practitioners.
  • Section 106(2): Specifies up to 10 years imprisonment and fines for causing death by negligent driving and escaping without reporting.

New Offense of Organized Crime (Section 111 of BNS)

• Definitions and Penalties:
  • Defines organized crime as continuing unlawful activities by individuals or groups, including various serious offenses.
  • Section 111: Establishes severe penalties, including death or life imprisonment for offenses resulting in death, and imprisonment for a term ranging from 5 years to life for other cases.

Petty Organized Crime

• Provisions and Punishments:
  • Section 112: Defines petty organized crime involving theft, cheating, unauthorized activities, and similar acts.
  • Section 112: Prescribes imprisonment terms from 1 to 7 years and fines.

Terrorist Act: New Offense (Section 113 of BNS)

• Definition and Jurisdiction:
  • Section 113: Defines the offense of terrorist acts, with the rank of Superintendent of Police deciding registration under BNS or UAPA.
  • Overlap Issues: Addresses potential overlaps with UAPA, ensuring stringent punishment for grievous hurt resulting in permanent disability or vegetative state.

Sedition No Longer an Offense

• Section 124A Removed:

  • The controversial Section 124A related to sedition has been removed in the BNS, 2023, despite the Law Commission of India recommending its retention in its 279th report.
  • The Supreme Court of India, in S.G. Vombatkere v. Union of India (May 11, 2022), directed that all pending trials, appeals, and proceedings under Section 124A IPC be paused, indicating the section was outdated in the current social context.

• New Provisions for Secession and Subversive Activities:

  • A new section (Section 152) has been introduced to address acts of secession, armed rebellion, subversive activities, separatist activities, or actions endangering India's sovereignty or unity.
  • This section prescribes imprisonment extendable to seven years or life imprisonment for those who engage in or incite these activities using words, signs, electronic communication, financial means, or other methods.

Attempt to Commit Suicide Decriminalized

• Decriminalization:
  • The offense of attempting to commit suicide has been removed in the BNS, 2023, aligning the law with the Mental Healthcare Act, 2017.
  • A new Section 226 has been introduced to penalize attempts to commit suicide with the intent to compel or restrain a public servant's lawful duties, prescribing simple imprisonment for up to one year, or fine, or both, or community service.

Expanded Scope of Aggravated Theft

• Inclusion of New Theft Offenses:

  • The definition of theft has been broadened to include vehicle theft, theft from vehicles, theft of government property, and theft of idols or icons from places of worship.
  • Section 305 of BNS, 2023, makes these acts punishable with imprisonment up to seven years.

• Introduction of Snatching:

  • Section 304 defines snatching as a sudden, quick, or forcible seizure of movable property from a person, punishable by up to three years of imprisonment and fine.

Reformative and Deterrent Approach to Theft

• Penalties for Repeat Offenders:
  • First-time offenders convicted of theft involving property worth less than ₹5,000 can be punished with community service upon returning the stolen property.
  • Repeat offenders face rigorous imprisonment from one to five years and fines.

Enhanced Punishments for Mischief

• Expanded Definition:
  • Section 324 of BNS expands the offense of mischief to include causing loss or damage to any property, including government or local authority property.
  • Penalties range from up to one year imprisonment or fine for damage below ₹20,000, up to two years for damage between ₹20,000 and ₹1,00,000, and up to five years for damage exceeding ₹1,00,000.

False Information and National Integration

• Punishments for False Information:

  • Section 197(1)(d) of BNS penalizes making or publishing false or misleading information that jeopardizes India's sovereignty, unity, integrity, or security, with up to three years imprisonment, fine, or both.

• Reduction of Days for 'Grievous Hurt':

  • The period defining 'grievous hurt' has been reduced from 20 to 15 days in Section 116 of BNS, reflecting advances in medical treatment and faster recovery times.

Notable Omissions and Future Directions

• Section 377 Omitted:

  • There is no equivalent for Section 377 in the new Sanhita, despite partial decriminalization in Navtej Singh Johar. The Standing Committee on Home Affairs (2023) has recommended its reintroduction.

• Future Implementation:

  • The Chief Justice of India emphasized the need for adequate infrastructure to support the new laws, including digital court systems for efficient case management.
  • Laws and their implementation are dynamic and should adapt to meet contemporary needs, embracing positive changes for better efficacy.

Conclusion:

The Bharatiya Nyaya Sanhita (BNS) retains most offenses from the IPC while introducing some significant updates. One notable addition is community service as a form of punishment.

Sedition is no longer an offense. In its place, a new offense addresses acts that endanger the sovereignty, unity, and integrity of India.

The BNS introduces terrorism as an offense, defining it as an act intended to threaten the unity, integrity, and security of the country, intimidate the general public, or disturb public order.

Organized crime is now recognized as an offense, encompassing activities such as kidnapping, extortion, and cybercrime carried out by crime syndicates. Additionally, petty organized crime has been classified as an offense.

Murder committed by a group of five or more individuals based on identity markers such as caste, language, or personal belief is now an offense, with penalties ranging from seven years to life imprisonment or even death.