.png "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’.
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