Bharatiya Nyaya Sanhita: India’s New Criminal Code

SHORT TITLE, COMMENCEMENT AND APPLICATION

The Bharatiya Nyaya Sanhita (BNS) replaces the IPC. It largely retains the provisions of the IPC, adds some new offences, removes offences that have been struck down by courts, and increases penalties for several offences. It was examined by the Standing Committee on Home Affairs

The Bharatiya Nyaya Sanhita, 2023 (BNS) is the official criminal code in the Republic of India. It came into effect on July 1, 2024, replacing the Indian Penal Code (IPC), which dated back to the period of British India.

Key changes in the BNS include:

Offences against the body: The IPC criminalises acts such as murder, abetment of suicide, assault and causing grievous hurt. The BNS retains these provisions. It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds.

Sexual offences against women: The IPC criminalises acts such as rape, voyeurism, stalking and insulting the modesty of a woman. The BNS retains these provisions. It increases the threshold for the victim to be classified as a major, in the case of gangrape, from 16 to 18 years of age. It also criminalises sexual intercourse with a woman by deceitful means or making false promises.

Sedition: The BNS removes the offence of sedition. It instead penalises the following: (i) exciting or attempting to excite secession, armed rebellion, or subversive activities, (ii) encouraging feelings of separatist activities, or (iii) endangering the sovereignty or unity and integrity of India. These offences may involve exchange of words or signs, electronic communication, or use of financial means.

Terrorism: The BNS defines terrorism as an act that intends to: (i) threaten the unity, integrity, and security of the country, (ii) intimidate the general public, or (iii) disturb public order. Punishment for attempting or committing terrorism includes: (i) death or life imprisonment and a fine of Rs 10 lakh, if it results in death of a person, or (ii) imprisonment between five years and life, and a fine of at least five lakh rupees.

Organised crime: Organised crime includes offences such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime carried out on behalf of a crime syndicate. Attempting or committing organised crime will be punishable with: (i) death or life imprisonment and a fine of Rs 10 lakh, if it results in death of a person, or (ii) imprisonment between five years and life, and a fine of at least five lakh rupees.

Mob lynching: The BNS adds murder or grievous hurt by five or more people on specified grounds, as an offence. These grounds include race, caste, sex, language, or personal belief. The punishment for such murder is a minimum of seven years imprisonment to life imprisonment or death.

Rulings of the Supreme Court: The BNS conforms to some decisions of the Supreme Court. These include omitting adultery as an offence and adding life imprisonment as one of the penalties (in addition to the death penalty) for murder or attempt to murder by a life convict.

Here are some key points about the BNS:

Purpose: The BNS consolidates and amends provisions related to offenses and matters connected therewith or incidental thereto.

Sections: The BNS has 358 sections, compared to the earlier 511 sections in the IPC. It introduces new offenses, modifies penalties, and includes provisions for community service as a punishment.

Offenses: The BNS prioritizes offenses against women, children, murder, and offenses against the State.

Punishments: It provides for various punishments, including imprisonment, fines, and community service.

Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.

The provisions of this Sanhita apply also to any offence committed by:-

(a) any citizen of India in any place without and beyond India

(b) any person on any ship or aircraft registered in India wherever it may be

Explanation.—In this section the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.

ILLUSTRATION : A, who is a citizen of India, commits a murder in any place without and beyond India, he can be tried and convicted of murder in any place in India in which he may be found.

Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

DEFINITION OF NEW ADDED TERMS

2(3)Child

Means any person below the age of eighteen years;

2(7) Document:-

Any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

2(9) Gender :-

The pronoun “he” and its derivatives are used of any person, whether male, female or transgender.

2(10) Movable property

Includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth

This Sanhita aims to provide a comprehensive legal framework for addressing crimes and defining key legal terms within the jurisdiction of India.

CONCLUSION

The BNS, which replaced the Indian Penal Code (IPC) in India, came into effect on July 1, 2024. It aims to consolidate and amend provisions related to offenses, penalties, and matters incidental to criminal law. With 358 sections, it prioritizes offenses against women, children, murder, and offenses against the State. The BNS introduces new offenses and provides for various punishments, including imprisonment, fines, and community service .