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as the replacement Indian Penal Code discussing key provisions and its changes; new sections added and sections of IPC repealed by Bharatiya Nyaya Sanhita, 2023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 The IPC continued as a relic of pre-independence British-era housing outdated provisions that did not align with the evolving modern rights and inclusion-based discourse.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:

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.
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.
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.
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.
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.

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