Friday, June 21, 2024

Bharatiya Nyaya Sanhita, 2023 – Salient features and key highlights

June 21, 2024 0

Bharatiya Nyaya Sanhita, 2023 – Salient features and key highlights

In this article we have discussed salient features or key highlights of the Bharatiya Nyaya Sanhita, 2023

 

Introduction:

 

The Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 formed the bedrock of India's criminal justice system. These statutes comprehensively defined offenses, prescribed punishments, outlined legal procedures, and regulated evidence admissibility. However, the passage of time rendered them partly obsolete, necessitating the enactment of three new criminal law acts to address emerging challenges like cybercrime and gender neutrality.

 

The Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023 which seek to repeal and replace the Indian Penal Code, 1806, Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 respectively were passed by the Lok Sabha on 20th December, Rajya Sabha on 21st December and the same attained the President's assent on 25th of December. 

 

Salient features of Bharatiya Nyaya Sanhita:

 

Ø     Bharatiya Nyaya Sanhita, 2023 The new Act is called as “Bharatiya Nyaya Sanhita (BNS), 2023” and has replaced the Penal Code, 1860.

 

Ø    The Chapters and offences against women and children, murder have been given precedence. Further, the offences against women and children which were scattered throughout in the erstwhile Penal Code, 1860 have been brought together and have been consolidated under Chapter-V. In the same manner, the offences affecting the human body are also brought up in the order and placed after the Chapter on offences against women and children.


Ø   BNS has been streamlined and it will now consist of only 358 Sections as opposed to 511 Sections in IPC, 1860.


Ø   All three incomplete category offences i.e. Attempt, Abetment and Conspiracy are brought together under one Chapter- IV of the BNS, 2023.


Ø    Earlier these offences were part of different Chapters. For the first time, ‘Community Service’ has been introduced as one of the punishments in Section 4 of the BNS, 2023. It has been specifically provided for 6 petty offences, like non-appearance in response to a proclamation, attempt to commit suicide to compel or restraint exercise of lawful power of public servant, petty theft on return of theft money, misconduct in public by a drunken person, defamation, etc. It introduces the reformative approach in the punishment scheme which is aimed towards achieving ‘nyaya’ in the society.


Ø    Abetment of an offence committed in India by a person outside India has now been made an offence under Section 48 of the BNS, 2023. This will criminalise the Acts of those persons who sit outside India and conspire to commit an offence in India.


Ø   A new offence for having sexual intercourse on false promise of marriage, employment, promotion or by suppressing the identity etc. has been created in Section 69 of the BNS, 2023. This provision will be a deterrent for the people who employ deceitful means like false promise of marriage, concealment of identity etc. to take consent of the woman and involve in sexual intercourse. It aims to protect the rights of women.


Ø   Offence of ‘snatching’ has been introduced in the BNS, 2023. Till now, the offence of snatching was not present in the IPC, 1860 which led to a lot of discretion to police to either treat such cases as ‘theft’ or ‘robbery’. Section 304 of BNS 2023 makes the act of snatching an offence in every part of the country which punishes act of forcible seizure or grabbing of movable property.


Ø    The age-based parameter for differential punishment for gang rape of a minor girl has been removed in the BNS, 2023 and now, Section 70(2) prescribes life imprisonment (till remainder of that person’s natural life) or death for gang rape of a woman below the age of 18 years.


Ø    Assault or use of criminal force to woman with intent to disrobe her and Voyeurism were made gender neutral under Sections 76 and 77 of the BNS, 2023.


Ø   The act of hiring, employing, or engaging a child to commit an offence, is made a punishable offence under Section 95 of BNS 2023, which entails punishment of imprisonment of minimum seven years, extendable to ten years.


Ø     A provision has been inserted to address the rising vehicular cases of hit and run, which has been made a punishable offence under Section 106(2) of the BNS, 2023. Whoever causes death of any person by doing any rash or negligent act and escapes from the scene of incident without disclosing the incident to a Police officer or Magistrate shall be punished with imprisonment of either description of a term which may extend to ten years and with fine.


Ø     To tackle ‘organized crime’ and ‘terrorist acts, offence of organized crime and terrorist act have been added in the Sanhita with deterrent punishments. Sections 111 and 113 of the BNS 2023 punish the commission, attempt, abetment, conspiracy of organized crimes and terrorist acts respectively. Both the Sections also punish the act of being a member of any organized crime syndicate or terrorist organisation, harbouring or concealing any person who committed any organized crime or terrorist act and the act of possessing any property derived or obtained from the commission of organized crime or terrorist act. Section 111 on organized crime takes care of various state laws enacted in this domain. Section 113 on terrorist act has been drafted on the lines of UAPA.


Ø     It has also been provided that in case of the offence of terrorist act officer not below the rank of SP will decide whether to register a case under the provisions of BNS, 2023 or UAPA. A new provision 117(3) has been introduced in the BNS, 2023 to provide stringent punishment for such acts of grievous hurt which results in persistent vegetative state or in permanent disability. If grievous hurt resulting in persistent vegetative state or in permanent disability, it will attract higher punishment of rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life (remainder of that person’s natural life) as against up to seven years imprisonment only for grievous hurt.


Ø     The offence relating to importation of a person from foreign country has been made gender neutral to cover both boys and girls in Section 141 of the BNS, 2023. It will protect the minor boys and girls from being used for the purposes of forced or seduced illicit intercourse.


Ø    The Section relating to sedition was misused and hence has been deleted. The constitutional right of freedom of speech and expression has been upheld and Section 124A of the IPC which puts a restriction on such right has been deleted in the BNS, 2023.

Ø   A new section on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has been added and made punishable under Section 152 in BNS, 2023. In this section, exciting or attempt to excite any of the acts mentioned hereinabove is made punishable with imprisonment extendable to seven years or imprisonment for life.


Ø    The offence of ‘attempt to commit suicide’ has been deleted in the BNS, 2023.This brings the law in line with the Mental Healthcare Act, 2017. A new Section 226 has been added in the BNS, 2023 to punish those who attempt to commit suicide with the intent to compel or restrain the exercise of any lawful power by a public servant.


Ø    The offence of mischief in Section 324 of BNS has been expanded and causing loss or damage to any property including the property of Government or Local Authority has been made punishable offence with imprisonment extendable up to one year, or with fine, or with both (as against just 6 months or with fine, or both for offence of mischief). In case of loss or damage is of more than 20,000 rupees but less than one lakh rupees the punishment is extended up to two years, or with fine, or with both. Where loss or damage is above one lakh rupees the punishment would be imprisonment extendable up to five years, or with fine, or with both.


Ø    A serious category of culpable homicide related to ‘lynching’ has been introduced in the Bhartiya Nyaya Samhita, 2023. A new provision has been introduced for offences under this category of ‘mob lynching’ in Section 103(2) of the BNS, 2023. Special categories have been created within the offence for murder and grievous hurt by ‘group of five or more persons’ on the grounds of the victim’s social profile, particularly his ‘race, caste or community’, sex, place of birth, language, personal belief and any other grounds without specifically using the term ‘mob lynching’, for which a punishment of a minimum seven years of mandatory imprisonment has been provided. In case of causing ‘grievous hurt’ by group of five or more persons on the ground of race, caste or community etc. the punishment is 7 years and fine.


Ø    In Section 106(1) on ‘causing death by rash or negligence act’ the punishment has been increased from 2 years to 5 years imprisonment. However, for medical practitioners the punishment will be 2 years.


Ø    The domain of offence of theft has been expanded to include theft of vehicle, theft from vehicle, theft of government property and theft of idol or icon from any place of worship. In Section 305 of the BNS, 2023 such thefts have been made punishable with punishment up to 7 years.


Ø    Section 303(2) of the BNS, 2023 presents a fine example of deterrence and reformative approach of punishment. On the one hand, for a second conviction of any person for theft, the Section prescribes a higher punishment up to 5 years with a mandatory minimum of 1 year, on the other hand where the value of stolen property is less than 5,000 rupees and the first-time offender restores the stolen property, the punishment of community service has only been prescribed.


Ø    The definition of ‘child’ and ‘transgender’ is included in Section 2 of the BNS, 2023. The definition of ‘movable property’ is revised to include tangible as well as intangible property. ‘Electronic and digital records’ is included in the definition of document.


Ø    In Section 197(1)(d) of BNS, the act of making or publishing false or misleading information which has tendency to jeopardise the sovereignty, unity and integrity or security of India has been made punishable with imprisonment up to 3 years or fine or both.


Ø   ‘Beggary’ has been introduced as a form of exploitation for trafficking and has been punishable in section 143 of the BNS, 2023.


Ø    In section 116 of the BNS, 2023 the number of days provided for the sufferer in severe bodily pain for the purpose of ‘grievous hurt’ has been reduced from ’20 days’ to ’15 days’. It is done keeping in view the advancement in the medical treatment which provides quicker recovery.


Ø    At many places the archaic expressions like ‘lunatic’, ‘insane’ and ‘idiot’ have been done away with. Colonial remnants like ‘British calendar’, ‘Queen’, ‘British India, ‘Justice of the peace’ etc. have been deleted.


Ø    Uniformity has been introduced in the use of expression ‘child’ throughout the BNS, 2023 which is achieved by replacing the expression ‘minor’ and ‘child under the age of eighteen years’ with the word ‘child’. 


Ø    Fines in the IPC were very low ranging from Rs.10 to Rs. 1,000. Similarly, the punishments for various offences also needed rationalization. Hence, terms of imprisonment for 33 offences have been suitably enhanced, fines in 83 cases have been increased and mandatory minimum punishment has also been introduced in 23 many offences.



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Bharatiya Nyaya Sanhita, 2023 – key provisions and changes 



 

Monday, June 10, 2024

Bharatiya Nyaya Sanhita, 2023 – key provisions and changes

June 10, 2024 0

Bharatiya Nyaya Sanhita, 2023 – key provisions and changes

This article made an overview on Bharatiya Nyaya Sanhita, 2023 as the replacement Indian Penal Code discussing key provisions and its changes; new sections added and sections of IPC repealed by Bharatiya Nyaya Sanhita, 2023

 

Introduction:

 

The Bharatiya Nyaya Sanhita, 2023 was enacted on December 25, 2023, repealing and replacing the Indian Penal Code, 1860 (IPC) as the new penal code of the country.

 

Bharatiya Nyaya Sanhita, 2023 has been streamlined and it will now consist of only 358 Sections as opposed to 511 Sections in IPC, 1860.

 

While the 5th Law Commission under the Chairpersonship of Mr. K.V.K. Sundaram had carried out an extensive review of the IPC as well as the Code of Criminal Procedure, 1898, it was only the criminal procedure code which was revamped and re-enacted as the Code of Criminal Procedure, 1973. The IPC continued as a relic of pre-independence British-era housing outdated provisions that did not align with the evolving modern rights and inclusion-based discourse.

 

The IPC has now after nearly 150 years been re-enacted with the stated objective of repealing colonial laws and streamlining provisions relating to offences and penalties. Amongst others, the BNS aims to give precedence to offences against women and children and offences against State. It introduces community service as a punishment for petty offences. The BNS also brings about changes to fines and punishments for various offences.

 

Statement of Objects and Reasons:

 

  1. In the year 1834, the first Indian Law Commission was constituted under the Chairmanship of Lord Thomas Babington Macaulay to examine the jurisdiction, power and rules of the existing Courts as well as the police establishments and the laws in force in India.
  2. The Commission suggested various enactments to the Government. One of the important recommendations made by the Commission was on, the Indian Penal Code, which was enacted in 1860 and the said Code is still continuing in the country with some amendments made thereto from time to time.
  3. The Government considered it expedient and necessary to review the existing criminal laws with an aim to strengthen law and order and also focus on simplifying legal procedure so that ease of living is ensured to the common man. The Government also considered to make existing laws relevant to the contemporary situation and provide speedy justice to common man. Accordingly, various stakeholders were consulted keeping in mind contemporary needs and aspirations of the people with a view to create a legal structure which is citizen centric and to secure life and liberty of the citizens.
  4. It is proposed to enact a new law, by repealing the Indian Penal Code, to streamline provisions relating to offences and penalties. It is proposed to provide first time community service as one of the punishments for petty offences. The offences against women and children, murder and offences against the State have been given precedence. Some offences have been made gender neutral. In order to deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added in the Bill with deterrent punishments. A new offence on acts of armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added. The fines and punishments for various offences have also been suitably enhanced.
  5. Accordingly, a Bill, namely, the Bharatiya Nyaya Sanhita, 2023 was introduced in the Lok Sabha on 11th August, 2023. The Bill was referred to the Department-related Parliamentary Standing Committee on Home Affairs for its consideration and report The Committee after deliberations made its recommendations in its report submitted on 10th November, 2023. The recommendations made by the Committee have been considered by the Government and it has been decided to withdraw the Bill pending in Lok Sabha and introduce a new Bill incorporating therein those recommendations made by the Committee that have been accepted by the Government.

 

New sections added in Bharatiya Naya Sanhita:

 

SECTIONS

HEADING

2(3)

“Child”

48

Abetment outside India for offence in India

69

Sexual intercourse by employing deceitful means, etc.

95

Hiring, employing or engaging a child to commit an offence

103(2)

Punishment for murder

106(2)

Causing death by negligent

111

Organised crime

112

Petty organised crim

113

Terrorist act

117(3)/(4)

Voluntarily causing grievous hurt

152

Acts endangering sovereignty, unity and integrity of India

195(2)

Assaulting or obstructing public servant when supressing riot, etc

197(1)(d)

Imputation, assertions prejudicial to national integration

226

Attempt to commit suicide to compel or restrain exercise of lawful power

304

Snatching

324(3)

Mischief

341(3)/(4)

Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338

358

Repeal and savings

 

Key provisions and changes:

 

Definitions of ‘child’ and ‘transgender’ have been incorporated, providing clarity on these terms within the legal framework.

 

  • The definition of ‘movable property’ has been revised to encompass both tangible and intangible property, acknowledging the evolving nature of assets.
  • ‘Electronic and digital records’ have been included in the definition of ‘document,’ recognizing the significance of these forms of information in contemporary contexts.

 

These amendments reflect an effort to adapt legal definitions to the changing landscape of society and technology.


⇒  The Bharatiya Nyaya Sanhita, 2023, has introduced a new rule (Section 48) stating that if someone outside India plans and helps in committing a crime in India, it's now considered a crime. This means that individuals sitting in another country and plotting to carry out an offense in India can be held accountable for their actions under this law. It's a way of making sure that people who conspire from abroad to commit crimes in India are legally punishable.     


⇒   In Section 69 of the Bharatiya Nyaya Sanhita, 2023, a new offense has been introduced for engaging in sexual intercourse based on false promises of marriage, employment, promotion, or by concealing one's identity. This provision serves as a deterrent against individuals who use deceitful tactics, such as false promises or identity concealment, to obtain consent from women for sexual activity. The aim is to safeguard the rights of women by discouraging manipulative practices that compromise the genuine consent required for such intimate engagements.    


⇒   The Bharatiya Nyaya Sanhita, 2023, introduces a new offense of 'snatching,' filling a gap that was absent in the IPC, 1860. Previously, police had discretion to categorize such incidents as either 'theft' or 'robbery.' However, Section 304 of Bharatiya Nyaya Sanhita 2023 now explicitly defines and criminalizes snatching, making it an offense throughout the country. This provision addresses acts involving the forcible seizure or grabbing of movable property, providing a specific legal framework to deal with such incidents uniformly.


⇒   The age-based distinction for punishment in cases of gang rape of a minor girl has been eliminated. Section 70(2) now mandates life imprisonment (till the remainder of the offender's natural life) or the death penalty for the crime of gang rape committed against a woman below the age of 18 years. This change removes any variance in punishment based on the specific age of the victim and imposes stricter penalties to ensure the severity of punishment for such heinous offenses.


⇒   Under Sections 76 and 77 of the Bharatiya Nyaya Sanhita, 2023, the offenses of assault or using criminal force with the intent to disrobe a woman and voyeurism have been made gender-neutral. This means that the law now applies equally to both men and women as victims or perpetrators of these offenses. The move towards gender neutrality ensures that the legal provisions encompass a broader range of situations, acknowledging that both genders can be affected by or involved in these crimes. 


⇒   Section 95 of the Bharatiya Nyaya Sanhita, 2023, makes the act of hiring, employing, or engaging a child to commit an offense a punishable offense. The provision entails a minimum imprisonment of seven years, extendable to ten years. This legal measure aims to discourage and penalize individuals who involve children in criminal activities, emphasizing a strict and deterrent approach to protect the well-being of minors and prevent their exploitation for unlawful purposes.


⇒   Section 106(2) of the Bharatiya Nyaya Sanhita, 2023, introduces a provision to address the increasing cases of hit and run. This section makes it a punishable offense for an individual who causes the death of another person by recklessness or negligence while driving and then flees the scene without informing a police officer or magistrate. The punishment for such an act includes imprisonment for a term that can extend up to ten years, along with a fine. This legal measure aims to hold individuals accountable for hit and run incidents, promoting responsibility and ensuring legal consequences for such actions.


⇒   The Bharatiya Nyaya Sanhita, 2023, addresses organized crime and terrorist acts through Sections 111 and 113, introducing deterrent punishments. These sections cover the commission, attempt, abetment, and conspiracy of organized crimes and terrorist acts. They also penalize being a member of any organized crime syndicate or terrorist organization, harbouring or concealing individuals involved in such activities, and possessing property derived from these crimes. Section 111 caters to various state laws on organized crime, while Section 113 aligns with the Unlawful Activities Prevention Act (UAPA). Additionally, for offenses related to terrorist acts, an officer not below the rank of SP decides whether to register the case under BNS, 2023, or UAPA.  


⇒   Section 117(3) of the Bharatiya Nyaya Sanhita, 2023, introduces a stringent provision for acts causing grievous hurt leading to a persistent vegetative state or permanent disability. In such cases, the punishment is elevated to rigorous imprisonment for a term not less than ten years, extendable to imprisonment for life (remainder of the person's natural life). This contrasts with the previous provision for grievous hurt alone, which carried a maximum penalty of up to seven years imprisonment. The new provision reflects an increased severity of punishment for offenses resulting in severe and lasting consequences such as persistent vegetative state or permanent disability.


⇒   Section 141 of the Bharatiya Nyaya Sanhita, 2023, makes the offense related to importing a person from a foreign country gender-neutral, covering both boys and girls. This provision is aimed at safeguarding minor boys and girls from being exploited for forced or coerced illicit intercourse. By ensuring gender neutrality, the law seeks to provide equal protection to both genders and prevent any form of trafficking or exploitation of minors for such purposes.


⇒   In the Bharatiya Nyaya Sanhita, 2023, the section related to sedition, which was prone to misuse, has been removed. This deletion upholds the constitutional right of freedom of speech and expression. Specifically, Section 124A of the Indian Penal Code (IPC), which previously imposed restrictions on this right, has been deleted in the Bharatiya Nyaya Sanhita, 2023. This modification reflects a commitment to protecting the fundamental right to freedom of speech while eliminating a provision that had the potential for misuse and curbing legitimate expression.  


⇒   The Bharatiya Nyaya Sanhita, 2023, introduces a new provision, Section 152, addressing acts of secession, armed rebellion, subversive activities, separatist activities, or actions endangering the sovereignty, unity, and integrity of India. This section makes it an offense to incite or attempt to incite any of these acts. The punishment for such actions can range from imprisonment extendable to seven years to life imprisonment. This addition aims to deter activities that pose a threat to the nation's unity and integrity, reinforcing legal measures against secessionist and subversive activities.


⇒   In the Bharatiya Nyaya Sanhita, 2023, the offense of 'attempt to commit suicide' has been removed, aligning with the Mental Healthcare Act, 2017. Instead, a new provision, Section 226, has been introduced to address cases where individuals attempt suicide with the intent to compel or restrain the exercise of any lawful power by a public servant. This change reflects a shift in focus, from penalizing individuals for attempting suicide to addressing situations where such attempts are made to influence or hinder the actions of public servants, ensuring alignment with mental health considerations and addressing potential abuse of the legal system. 


⇒   Section 324 of the Bharatiya Nyaya Sanhita, 2023, expands the offense of mischief by making causing loss or damage to any property, including government or local authority property, a punishable offense. The punishment for this offense can include imprisonment for up to one year, a fine, or both. In cases where the loss or damage is between 20,000 and one lakh rupees, the punishment extends to two years or a fine, or both. For loss or damage exceeding one lakh rupees, the penalty can be imprisonment for up to five years, a fine, or both. This modification enhances the consequences for acts of mischief, particularly those involving higher financial impact or government property.


⇒   The Bharatiya Nyaya Sanhita, 2023, introduces a distinct category of culpable homicide related to ‘lynching,’ addressing the serious issue of mob violence. Section 103(2) of the Bharatiya Nyaya Sanhita, 2023, incorporates provisions for offenses falling under the umbrella of ‘mob lynching.’ It establishes special categories for murder and grievous hurt committed by a ‘group of five or more persons.’ The grounds for such acts include the victim's social profile, such as race, caste, community, sex, place of birth, language, personal belief, or any other grounds. Although the term 'mob lynching' is not explicitly used, the provision mandates a minimum seven years of mandatory imprisonment for such offenses. In cases involving 'grievous hurt' by a group on grounds like race or caste, the punishment is seven years along with a fine. This legal measure aims to address and deter acts of group violence motivated by prejudice and social factors.


⇒   Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, pertains to ‘causing death by rash or negligent act.’ The punishment for this offense has been increased from 2 years to 5 years imprisonment. However, for medical practitioners, the punishment remains at 2 years. 


⇒   Section 305 of the Bharatiya Nyaya Sanhita, 2023, expands the domain of the offense of theft to include various forms such as theft of a vehicle, theft from a vehicle, theft of government property, and theft of an idol or icon from any place of worship. For these thefts, the punishment is up to 7 years. This modification broadens the scope of theft-related offenses, encompassing a range of scenarios and demonstrating a commitment to addressing diverse forms of property theft with a consistent and more severe penalty.


⇒   Section 303(2) of the BNS, 2023, exemplifies a deterrence and reformative approach to punishment. In the case of a second conviction for theft, the section prescribes a higher punishment of up to 5 years, with a mandatory minimum of 1 year. On the other hand, for a first-time offender where the value of stolen property is less than 5,000 rupees and the offender restores the stolen property, the prescribed punishment is community service. This approach aims to address theft with a nuanced response, emphasizing deterrence for repeat offenses while providing an opportunity for rehabilitation and community reparation for certain first-time and less severe offenses.


⇒   Section 197(1)(d) of the BNS, 2023, introduces a provision making the act of making or publishing false or misleading information punishable. Specifically, if such information has the tendency to jeopardize the sovereignty, unity, integrity, or security of India, the offender can face imprisonment for up to 3 years, a fine, or both. This measure aims to deter the dissemination of false information that could pose a threat to the nation's core values and security.    


⇒   Section 143 of the BNS, 2023, introduces ‘begging’ as a form of exploitation for trafficking and makes it punishable. This legal provision recognizes beggary as a vulnerable situation that can be exploited for trafficking purposes. By addressing and penalizing such exploitation, the law aims to safeguard individuals involved in begging from being victimized or coerced into trafficking situations. 


⇒   In Section 116 of the BNS, 2023, the period provided for the sufferer experiencing severe bodily pain for the purpose of 'grievous hurt' has been reduced from ‘20 days’ to ‘15 days.’ This modification reflects consideration for advancements in medical treatment that enable quicker recovery, leading to a more accurate and contemporary definition of the severity of bodily harm in legal terms.


⇒   In the Bharatiya Nyaya Sanhita, 2023, outdated and derogatory expressions such as ‘lunatic,’ ‘insane,’ and ‘idiot’ have been eliminated. Additionally, colonial remnants like references to the ‘British calendar,’ ‘Queen,’ ‘British India,’ and ‘Justice of the peace’ have been deleted. These changes reflect a modern and sensitive approach, ensuring that the legal language is respectful and in tune with contemporary values, moving away from derogatory terms and historical vestiges.


⇒   In the BNS, 2023, significant changes have been made to fines and punishments. Recognizing the inadequacy of fines in the Indian Penal Code, which ranged from Rs. 10 to Rs. 1,000, and the need for rationalization, the BNS introduces enhanced terms of imprisonment for 33 offenses. Additionally, fines in 83 cases have been increased, and mandatory minimum punishment has been introduced for 23 offenses. These adjustments aim to align penalties more effectively with the severity of offenses and contemporary societal standards.

 

Sections of IPC, 1860 repealed by the BNS, 2023


SECTIONS

HEADING

14

“Servant of the Government”

18

India

50

“Section”

53-A

Construction of reference to transportation

124-A

Sedition

153-AA

Punishment for knowingly carrying arms in any procession or organizing or holding or taking part in any mass drill or mass with arms

236

Abetting in India the counterfeiting out of India of coin

237

Import or export of counterfeit coin

238

Import or export of counterfeit of Indian coin

264

Fraudulent use of false instrument for weighing  

265

Fraudulent use of false weight or measure

266

Being in possession of false weight and measure

267

Making or selling false weight or measure

309

Attempt to commit suicide

310

Thug

311

Punishment

377

Unnatural offences

444

Lurking house-trespass by night

446

House-breaking by night

497

Adultery

 

Conclusion


In conclusion, the Bharatiya Nyaya Sanhita (BNS), 2023 represents a groundbreaking and transformative overhaul of the legal framework in India. With its comprehensive revisions and noteworthy additions, the law not only replaces the outdated Indian Penal Code, 1860, but also introduces a more organized and efficient structure to address contemporary challenges. The BNS streamlines legal provisions, consolidates scattered laws, and introduces new offenses, reflecting a commitment to clarity, fairness, and adaptability.


The key provisions and changes in the BNS highlight a shift towards modernization and responsiveness to societal needs. Notably, the inclusion of community service as a form of punishment demonstrates a forward-looking approach, aiming not just at punitive measures but also at fostering positive contributions to society.

 

The BNS, 2023 addresses various aspects, from offenses against women, children, and murder to tackling organized crime, terrorism, and exploitation. It removes outdated terms, introduces gender-neutral provisions, and aligns with evolving societal norms. The elimination of the offense of 'attempt to commit suicide' in favor of a more nuanced approach underscores the evolving understanding of mental health issues.


Moreover, the BNS, 2023 makes a bold move by removing the section related to sedition, emphasizing the protection of freedom of speech and expression while introducing a new provision to combat acts endangering the sovereignty, unity, and integrity of India. These changes demonstrate a balance between safeguarding fundamental rights and preserving national interests. 


Overall, the Bharatiya Nyaya Sanhita, 2023, embodies a progressive and comprehensive legal framework, reflecting a commitment to justice, fairness, and the evolving needs of society. It stands as a testament to the nation's dedication to shaping a legal system that is both robust and responsive to the challenges and values of the contemporary era.