BHARATIYA NYAYA SANHITA, 2023
| Site: | Ballistic Academy |
| Course: | Ballistic Academy |
| Book: | BHARATIYA NYAYA SANHITA, 2023 |
| Printed by: | |
| Date: | Thursday, 19 September 2024, 8:56 PM |
1. GENERAL OVERVIEW ABOUT BHARATIYA NYAYA SANHITA, 2023
A. The new Act is called as “Bharatiya Nyaya Sanhita (BNS), 2023”, which has replaced the Indian Penal Code, 1860. The word code has been replaced with Sanhita.B. In BNS, total 358 Sections in 20 Chapters whereas there were 511 sections in 23 + 3 Chapters in IPC. Scattered provisions have been consolidated in single Chapter. Also, definitions and punishment have been provided in same section in many sections/chapters, which resulted in change in numbering of sections/ chapters in BNS.
C. 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 thereafter in Chapter VI.
D. 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.
E. 10 New sections have been added. Moreover, there are 8 more such sections that have newly added provisions. List of new sections and partly added is at (Annexure-I). 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, Organized Crime and Petty Organized 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 publicservant
F. 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, 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 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. 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.
G. A new offence that has been introduced in section 69 of BNS which is based on having sexual intercourse on false promise of marriage, employment, promotion or by suppressing identity of offender etc. This provision is aimed to deter people who employ deceitful means like false promise of marriage, concealment of identity etc. to take consent of the woman to engage in sexual intercourse. Under this specific category of women, rights of women are protected.
H. Corresponding sections of IPC to BNS and BNS to IPC with punishment and nature of offence have been mentioned,for ease of understanding,in Section B and Annexure – II respectively.
I. 20 Provisions of IPC have been deleted. (Annexure-III). Offences like Attempt to Commit Suicide u/s 309, Adultery u/s 497, Sedition u/s 124-A etc have been deleted as offence byBNS.
J. In this book, the penal sections of the BNS have been divided into sections based on the severity of punishment. Annexure – V and Annexure – VI list a. 103 sections with punishment of 3 years or more but less than 7 years and b. 86 sections with punishment of 7 years or more respectively.
K. A new provision 117(3) has been introduced in the BNS to provide stringent punishment for such acts of grievous hurt which result in victim having persistent vegetative state or in permanent disability. If grievous hurt 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. This provision seeks to enhance punishment corresponding to the nature of grievous hurt.
L. Punishment of Fine has been enhanced in 83 offences. Fine of Rs. 10/-, 100/- 500/- have been enhanced to Rs. 1000, 5000, 10,000/- to make the fine meaningful.
M. 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.
N. For the 1sttime “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.
b. Non-appearance in response to a proclamation published under sub section (i) of Section 84 of BNSS is punishable U/s 209 BNS.
c. Attempt to commit suicide to compel or restrain exercise of lawful power of public servant U/s 226 BNS,
d. Petty theft on return of theft money and a person is convicted for the first- time u/s 302 BNS,
e. Misconduct in public by a drunken person U/s 355 BNS,
f. Defamation U/s 356 BNS.
b. 77 BNS(Voyeurism):Whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
c. 141 BNS: Whoever imports into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine. This section is aimed to protect minor boys (less than 18 years of age) and young women (women upto 21 years of age) from sexual exploitation.
Q. In case of gang rape of a woman under the age of eighteen years, punishment prescribed as per Section 70 (2) is imprisonment for life which means imprisonment till the remainder of that person’s natural life and fine or death. R. 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’. S. Replacing night with after sun set and before sunrise.
2. Corresponding sections of IPC to BNS with punishment and nature of offence:
|
IPC |
BNS |
Heading Cognizable/Non-Cognizable Bailable/Non- Bailable |
Punishment |
|
1 |
1(1) |
Short title, commencement and application |
--- |
|
|
1(2) |
Short title, commencement and application |
--- |
|
2 |
1(3) |
Short title, commencement and application |
--- |
|
3 |
1(4) |
Short title, commencement and application |
--- |
|
4 |
1(5) |
Short title, commencement and application |
--- |
|
5 |
1(6) |
Short title, commencement and application |
--- |
|
6 |
3(1) |
General Explanations |
--- |
|
7 |
3(2) |
General Explanations |
--- |
|
8 |
2(10) |
“Gender” |
--- |
|
9 |
2(22) |
“Number” |
--- |
|
10 |
2(19) and 2(35) |
“Man” “Woman” |
--- |
|
11 |
2(26) |
“Person” |
--- |
|
12 |
2(27) |
“Public” |
--- |
|
13 |
NA |
--- |
--- |
|
14 |
NA |
--- |
--- |
|
15 |
NA |
--- |
--- |
|
16 |
NA |
--- |
--- |
|
17 |
2(12) |
“Government” |
--- |
|
18 |
NA |
--- |
--- |
|
19 |
2(16) |
“Judge” |
--- |
|
20 |
2(5) |
“Court” |
--- |
|
21 |
|
|
--- |
|
|
2(28) |
“Public servant” |
--- |
|
22 |
|
|
--- |
|
|
2(21) |
“Movable property” |
--- |
|
23 |
|
|
--- |
|
|
2(36) to 2(38) |
“Wrongful gain” “Gaining wrongfully”, “Losing wrongfully” |
--- |
|
24 |
2(7) |
“Dishonestly” |
--- |
|
25 |
2(9) |
“Fraudulently” |
--- |
|
26 |
2(29) |
“Reason to believe” |
--- |
|
27 |
3(3) |
General Explanations |
--- |
|
28 |
2(4) |
“Counterfeit” |
--- |
|
29 |
2(8) |
“Document” |
--- |
|
29-A |
2(39) |
Not defined words |
--- |
|
30 |
2(31) |
“Valuable security” |
--- |
|
31 |
2(34) |
“Will” |
--- |
|
32 |
3(4) |
General Explanations |
--- |
|
33 |
2(1) and 2(25) |
“Act” “Omission” |
--- |
|
34 |
3(5) |
General Explanations |
--- |
|
35 |
3(6) |
General Explanations |
--- |
|
36 |
3(7) |
General Explanations |
--- |
|
37 |
3(8) |
General Explanations |
--- |
|
38 |
3(9) |
General Explanations |
--- |
|
39 |
2(33) |
“Voluntarily” |
--- |
|
40 |
2(24) |
“Offence” |
--- |
|
41 |
2(30) |
“Special law” |
--- |
|
42 |
22(18) |
“Local Law” |
--- |
|
43 |
2(15) |
“Illegal” – “legally bound to do” |
--- |
|
44 |
2(14) |
“Injury” |
--- |
|
45 |
2(17) |
“Life” |
--- |
|
46 |
2(6) |
“Death” |
--- |
|
47 |
2(2) |
“Animal” |
--- |
|
48 |
2(32) |
“Vessel” |
--- |
|
49 |
2(20) |
“Month” and “Year” |
--- |
|
50 |
NA |
--- |
--- |
|
51 |
2(23) |
“Oath” |
--- |
|
52 |
2(11) |
“Good Faith” |
--- |
|
52-A |
2(13) |
“Harbour” |
--- |
|
53 |
4 |
Punishments |
--- |
|
53-A |
NA |
--- |
--- |
|
54, 55 & 55-A |
5 |
Commutation of sentence of death or imprisonment for life |
--- |
|
56 |
NA |
|
--- |
|
57 |
6 |
Fractions of terms of punishment |
--- |
|
58 |
NA |
--- |
--- |
|
59 |
NA |
--- |
--- |
|
60 |
7 |
Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple |
--- |
|
61 |
NA |
|
--- |
|
62 |
NA |
--- |
--- |
|
63 |
8(1) |
Amount of fine, liability in default of payment of fine, etc. |
--- |
|
64 |
8(2) |
--- |
|
|
65 |
8(3) |
--- |
|
|
66 |
8(4) |
--- |
|
|
67 |
8(5) |
--- |
|
|
68 |
8(6)(a) |
--- |
|
|
69 |
8(6)(b) |
--- |
|
|
70 |
8(7) |
--- |
|
|
71 |
9 |
Limit of punishment of offence made up of several offences |
--- |
|
72 |
10 |
Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which |
--- |
|
73 |
11 |
Solitary confinement |
--- |
|
74 |
12 |
Limit of solitary confinement |
--- |
|
75 |
13 |
Enhanced punishment for certain offences after previous conviction |
--- |
|
76 |
14 |
Act done by a person bound or by mistake of fact believing himself bound by law |
--- |
|
77 |
15 |
Act of judge when acting judicially |
--- |
|
78 |
16 |
Act done pursuant to judgement or order of court |
--- |
|
79 |
17 |
Act done by a person justified, or by mistake of fact believing himself justified by law |
--- |
|
80 |
18 |
Accident in doing a lawful act |
3. Sections of IPC to BNS(81-120)
|
IPC |
BNS |
Heading Cognizable/Non-Cognizable Bailable/Non- Bailable |
Punishment |
|
81 |
19 |
Act likely to cause harm but done without criminal intent and to prevent other harm |
--- |
|
82 |
20 |
Act of a child under seven years of age |
--- |
|
83 |
21 |
Act of a child above seven and under twelve years of age of immature understanding |
--- |
|
84 |
22 |
Act of a person of unsound mind |
--- |
|
85 |
23 |
Act of person incapable of judgement by reason of intoxication caused against his will |
--- |
|
86 |
24 |
Offence requiring intent or knowledge committed by one who is intoxicated |
--- |
|
87 |
25 |
Act not intended and not known to be likely to cause death or grievous hurt, done by consent |
--- |
|
88 |
26 |
Act not intended to cause death, done by consent in good faith for persons benefit |
--- |
|
89 |
27 |
Act done in good faith for benefit of child or person of unsound mind by, or by consent of guardian |
--- |
|
90 |
28 |
Consent known to be given under fear or misconception |
--- |
|
91 |
29 |
Exclusion of acts which are offences independently of harm caused |
--- |
|
92 |
30 |
Act done in good faith for benefit of a person without consent |
--- |
|
93 |
31 |
Communication made in good faith |
--- |
|
94 |
32 |
Act to which a person is compelled by threats |
--- |
|
95 |
33 |
Act causing slight harm |
--- |
|
96 |
34 |
Things done in private defence |
--- |
|
97 |
35 |
Right of private defence of body and of property |
--- |
|
98 |
36 |
Right of private defence against act of a person of unsound mind, etc. |
--- |
|
99 |
37 |
Acts against which there is no right of private defence |
--- |
|
100 |
38 |
When right of private defence of the body extends to causing death |
--- |
|
101 |
39 |
When such right extends to causing any harm other than death |
--- |
|
102 |
40 |
Commencement and continuance of the right of private defence of the body |
--- |
|
103 |
41 |
When right of private defence of property extends to causing death |
--- |
|
104 |
42 |
When such right extends to causing any harm other than death |
--- |
|
105 |
43 |
Commencement and continuance of the right of private defence of property |
--- |
|
106 |
44 |
Right of private defence against deadly assault when there is risk of harm to innocent person |
--- |
|
107 |
45 |
Abetment of a thing |
--- |
|
108 |
46 |
Abettor |
--- |
|
108-A |
47 |
Abetment in India of offences outside India |
--- |
|
109 |
49 |
Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable |
Same as for offence abetted |
|
110 |
50 |
Punishment of abetment if person abetted does act with different intention from that of abettor According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable |
Same as for offence abetted |
|
111 |
51 |
Liability of abettor when one act abetted and different act done According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable |
Same as for offence intended to be abetted |
|
112 |
52 |
Abettor when liable to cumulative punishment for act abetted and for act done According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable |
Same as for offence abetted |
|
113 |
53 |
Liability of abettor for an effect caused by the act abetted different from that intended by abettor According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable |
Same as for offence committed |
|
114 |
54 |
Abettor present when offence is committed According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable |
Same as for offence committed |
|
115 |
55 |
Abetment of an offence punishable with death or imprisonment for life, If the offence be not committed in consequence of the abatment According as offence abetted is cognizable or non-cognizable Non-bailable |
Imprisonment for 7 years and fine |
|
|
|
If an act which causes harm to be done in consequence of the abetment According as offence abetted is cognizable or non-cognizable Non-bailable |
Imprisonment for 14 years and fine |
|
116 |
56 |
Abetment of an offence, punishable with imprisonment, If the offence be not committed in consequence of the abetment According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable |
Imprisonment extending to one- fourth of the longest term provided for the offence, or fine, or both |
|
|
|
If the abettor or the person abetted be a public servant whose duty it is to prevent the offence According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable |
Imprisonment extending toone-half of the longest term provided for the offence, or fine, or both, |
|
117 |
57 |
Abetting commission of offence by public or by more than ten persons According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable |
Imprisonment which may extend to 7 years and fine. |
|
118 |
58 (a) |
Concealing design to commit Offence punishable with death or imprisonment for life (a) If the offence be committed:- According as offence abetted is cognizable or non-cognizable Non-bailable |
Imprisonment for 07 years and fine. |
|
|
58(b) |
If the offence be not committed:- According as offence abetted is cognizable or non-cognizable Bailable |
Imprisonment for 03 years and fine |
|
119 |
59(a) |
A public servant concealing a design to commit offence which it is his duty to prevent (a) If the offence be committed:- According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable |
Imprisonment extending to one- half of the longest term provided for the offence, or fine, or both |
|
|
59(b) |
If the offence be punishable with death or imprisonment for life:- According as offence abetted is cognizable or non-cognizable Non-bailable |
Imprisonment for 10 years |
|
|
59(c) |
If the offence be not committed:- According as offence abetted is cognizable or non-cognizable Bailable |
Imprisonment extending to one- fourth of the longest term provided for the offence, or fine, or both |
|
120 |
60(a) |
Concealing design to commit offence punishable with imprisonment If the offence be committed:- According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. |
Imprisonment extending to one- fourth of the longest term provided for the offence, or fine, or both |
|
|
60(b) |
If the offence be not committed:- According as offence abetted is cognizable or non-cognizable. Bailable |
Imprisonment extending to one- eighth part of the longest term provided for the offence, or fine, or both |
