The Bharatiya Nyaya Sanhita (BNS), 2023 repeals and replaces the Indian Penal
Code (IPC), 1860, modernizing India's criminal law to prioritize offenses and
streamline penalties. The Bharatiya Nyaya Sanhita (BNS), 2023 was introduced in
the Lok Sabha on August 11, 2023, and subsequently referred to the
Department-related Parliamentary Standing Committee on Home Affairs for review.
After careful deliberation, the Committee presented its recommendations on
November 10, 2023.
The Government, considering these suggestions, opted to
withdraw the original Bill and introduce a revised version incorporating the
accepted recommendations. The BNS was then passed by both Houses of Parliament
and received Presidential assent on December 25, 2023. Officially enacted as Act
45 of 2023, the BNS will come into effect on July 1, 2024, except for Section
106(2).
The Government initiated this reform to make criminal laws relevant to modern
needs, simplify legal procedures, and deliver faster, citizen-centered justice
that upholds public safety and order.
Major Changes in BNS over IPC:
- Introduction of Bharatiya Nyaya Sanhita (BNS), 2023: The BNS has replaced the Indian Penal Code (IPC) of 1860, modernizing India's criminal laws with an emphasis on justice and efficiency.
- Consolidation of Offenses against Women and Children: In the BNS, crimes against women and children are prioritized, with all related offenses consolidated under Chapter V. This reorganization addresses gaps in the IPC, where such offenses were scattered, highlighting a strong commitment to protecting vulnerable groups.
- Streamlined Structure: The BNS is more concise, with only 358 sections compared to the IPC's 511 sections, aiming to reduce complexity and enhance accessibility.
- Unified Chapter on Incomplete Offenses: Offenses like attempt, abetment, and conspiracy, previously scattered across different chapters in the IPC, are now unified under Chapter IV, streamlining the code and aiding in clarity.
- Introduction of Community Service as a Punishment: Section 4 introduces "community service" as a penalty for certain minor offenses. This reformative approach focuses on societal rehabilitation rather than solely punitive measures, in line with the BNS's goal to foster justice (nyaya).
- Criminalization of Abetment by Foreign Nationals: Section 48 of the BNS criminalizes abetment of crimes within India by individuals outside the country, addressing globalized threats and expanding jurisdictional reach.
- New Offense of Sexual Misconduct under False Promises: Section 69 introduces penalties for deceitful acts, like engaging in sexual relations under false promises of marriage or employment, strengthening protections for women against exploitation.
- Enhanced Focus on Bodily Offenses: Offenses affecting the human body are now systematically arranged following offenses against women and children, signaling the gravity given to physical harm and bodily autonomy.
- Revised Punishments for Repeat Offenders: The BNS imposes stricter penalties on repeat offenders across various crimes, reflecting a deterrent approach to persistent criminal behavior.
- Simplified Legal Language: The BNS adopts clearer language and terminology, making it more accessible for the public and legal professionals, enhancing understanding and compliance.
- Introduction of Snatching as a Criminal Offense: For the first time, BNS 2023 criminalizes "snatching" under Section 304, addressing forcible seizure or grabbing of property. Previously, the lack of a specific law led to inconsistent treatment across India.
- Unified Punishment for Gang Rape of Minors: BNS removes age-based punishment distinctions for gang rape of minors, prescribing life imprisonment or the death penalty for offenses involving victims under 18.
- Gender-Neutrality in Disrobing and Voyeurism Offenses: Sections 76 and 77 address increasing female involvement in assaults or voyeurism, making these acts gender-neutral to ensure justice for all victims.
- Child Protection from Organized Crime: A provision deters gangs from using children in crimes, with a minimum seven-year prison term to discourage this exploitation.
- Hit-and-Run Penalty: Section 106(2) criminalizes hit-and-run incidents involving fatalities, enforcing penalties for drivers who flee the scene.
- Tackling Organized Crime and Terrorism: BNS 2023 introduces organized crime and terrorist acts as punishable offenses under Sections 111 and 113, covering acts like conspiracy, membership in criminal syndicates, and possession of illicitly obtained assets. These provisions align with state laws on organized crime and the Unlawful Activities (Prevention) Act (UAPA) to enhance national security.
- Increased Penalties for Grievous Hurt Leading to Disability: Section 117(3) imposes stricter punishments, up to life imprisonment, for grievous injuries that leave victims in a vegetative state or with permanent disability, reflecting a stronger stance on severe assaults.
- Gender-Neutral Law on Importation of Minors: Section 141 makes it a crime to import minors for illicit purposes, ensuring protection for both boys and girls from exploitation.
- Removal of Sedition Law: Section 124A on sedition has been eliminated, supporting freedom of speech by removing a law often misused against dissent.
- Introduction of Deshdroh: While sedition is removed, Section 152 introduces "deshdroh" to penalize secessionist or subversive activities threatening India's sovereignty, with penalties extending to life imprisonment.
- Decriminalization of Suicide Attempts: The act of attempting suicide has been removed as an offense, aligning the BNS with the Mental Healthcare Act, 2017. However, a new provision under Section 226 penalizes attempts made to coerce public servants.
- Expanded Offense of Mischief: Section 324 now covers damage to public and private property with graded penalties based on financial loss, emphasizing accountability for property damage.
- New Category for Culpable Homicide by Mob Lynching: Section 103(2) addresses lynching, with specific provisions for cases where mobs target individuals based on race, caste, religion, or beliefs. This addition seeks to address communal and identity-based violence with significant penalties.
- Increased Penalty for Causing Death by Negligence: Section 106(1) raises the punishment for causing death by negligent acts to 5 years, except for medical practitioners, whose penalty remains at 2 years.
- Expanded Scope of Theft: Section 305 broadens the definition of theft to include vehicle theft, government property theft, and theft from places of worship, with punishments up to 7 years.
- Revised Penalties for Repeat Theft Offenses: Section 303(2) introduces higher penalties for repeat offenders and allows first-time offenders of minor theft to perform community service if the stolen goods are returned.
- Inclusion of Modern Definitions: Section 2 redefines "child" and "transgender," includes intangible property as "movable property," and expands "document" to cover digital records.
- False Information as a Security Threat: Section 197(1)(d) penalizes spreading false information that could harm India's unity and security, with a maximum punishment of 3 years.
- Beggary as Exploitation in Trafficking: Section 143 designates beggary as a form of trafficking exploitation.
- Reduced Recovery Period for Grievous Hurt: The recovery time defining grievous hurt has been shortened from 20 to 15 days.
- Updated Terminology and Fines: Archaic terms are removed, and fines for various offenses have been rationalized, increasing fines and prison terms across numerous sections.
The Bharatiya Nyaya Sanhita (BNS), 2023 represents a significant overhaul of the
Indian Penal Code (IPC), 1860, bringing India's criminal law framework up to
date with societal needs and contemporary issues. By consolidating offenses,
introducing community service for minor crimes, and emphasizing protections for
women, children, and state security, the BNS aims to enhance public safety and
access to justice.
The BNS also adopts a modernized approach to criminal
activities, addressing organized crime and terrorism directly, while enhancing
penalties for various offenses. Overall, the BNS promises a streamlined,
citizen-centric system to support fair and efficient justice.
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