The newly introduced Act, titled the Bharatiya Nyaya Sanhita, 2023 (BNS), has replaced the Indian Penal Code, 1860 (IPC). Notably, the term “Code” has been substituted with “Sanhita.” The BNS comprises a total of 358 sections distributed across 20 chapters, in contrast to the 511 sections spread over 23 main chapters and 3 supplementary chapters in the IPC. Provisions that were previously scattered have now been consolidated under single chapters. Additionally, in many instances, definitions and corresponding punishments are included within the same section, resulting in a revised numbering of sections and chapters in the BNS.
The Chapters/sections for offences against women & children and offences affecting the human body (murder) have been given precedence. Further, the offences against women and children which were scattered throughout in the erstwhile IPC 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 there after in Chapter VI.
All 3 incomplete categories of offences, i.e. Attempt, Abetment & Conspiracy are brought together in one Chapter (i.e. Chapter IV) which were earlier in different chapters.
20 New sections have been added. For example, Abetment of an offence committed in India by a person outside India has now been made an offence u/s 48 of BNS. Offence of Snatching has also been introduced u/s 304 of BNS. Also, Mob Lynching, Organised Crime and Petty Organised Crime have been made separate offences in BNS. A new Section 226 has been added in the BNS 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.
To tackle ‘organised crime’ and ‘terrorist acts, offence of organised crime and terrorist act have been added in the Sanhita with deterrent punishments. Sections 111 & 113 of the BNS 2023 punish the commission, attempt, abetment, conspiracy of organised crimes and terrorist acts respectively. Both the Sections also punish the act of being a member of any organised crime syndicate or terrorist organisation, harboring or concealing any person who committed any organised crime or Terrorist act and the act of possessing any property derived or obtained from the commission of organised crime or terrorist act. Section 111 on organised crime takes care of various state laws enacted in this domain. Section 113 on terrorist act has been drafted on the lines of UAPA. 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 offence for having sexual intercourse on false promise of marriage, employment, promotion or by suppressing the identity etc. has been introduced in Section 69 of the BNS. 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.
20 Provisions of IPC have been deleted. Offences like Attempt to Commit Suicide u/s 309 IPC, Adultery u/s 497 IPC, Sedition u/s124-A IPC etc have been deleted/ repealed as offence in BNS.
Punishment of imprisonment has been increased in 33 offences. Viz. in the offence of death by negligence punishable u/s 106(1) of BNS imprisonment has been increased from 2 years to 5 years. Also, more punishment of imprisonment up to ten years and fine u/s 106 (2) of BNS for not reporting of death caused by rash and negligent driving of vehicle and escapes from the place of incident without reporting has been incorporated.
A new provision 117(3) has been introduced in the BNS to provide stringent punishment for such acts of grievous hurt which results 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 7 years imprisonment for grievous hurt earlier in IPC.
Punishment of Fine has been enhanced in 83 offences. Fine of 10/-, 100/-, 200/-, 250/-500/- etc. have been enhanced to 1000, 2500/-, 5000,10,000/- etc.to make the fine meaningful.
Mandatory minimum punishment has been introduced in 23 offences viz. buying child for the purpose of prostitution, organised crime, terrorist act, hurt to deter public servant from his duty, personating a public servant, theft etc.
For the 1st time “Community Service” has been introduced as one of the punishments specifically provided for 6 petty offences mentioned below. It introduces the reformative approach in the punishment scheme which is aimed towards achieving ‘NYAYA’ in the society
(1) Public Servant unlawfully engaging in trade u/s 202 BNS.
(2) Non-appearance in response to a proclamation published under sub section (i) of section 84 of BNSS is punishable u/s 209 BNS.
(3) Attempt to commit suicide to compel or restrain exercise of lawful power of public servant u/s 226 BNS.
(4) Petty theft on return of theft money and a person is convicted for the first time U/s 303(2) BNS.
(5) Misconduct in public by a drunken person u/s 355 BNS.
(6) Defamation u/s 356 BNS.
Assault or use of criminal force to woman with intent to disrobe her u/s 76 of BNS and Voyeurism u/s 77 of BNS has been made Gender neutral.
The offence relating to importation of a person from foreign country has also 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.
Age based parameters for differential punishment (for gang rape of a minor girl) has been removed 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.
Definition of Child is added in Sec. 2 (3) and transgender has been included in the definition of ‘Gender’ Sec. 2(10) as any person including transgender with male and female. 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’.
Replacing ‘Night’ with ‘after sunset and before sunrise’.
Movable property includes tangible as well as intangible property. [Sec 2 (21)]
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.
