BHARATIYA NYAYA SANHITA, 2023
BHARATIYA NYAYA SANHITA, 2023
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.
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.
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.
a. Public Servant unlawfully engaging in trade U/s 202 BNS.
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.
O. Some of the offences have been made gender-neutral. They are:
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.
a. 76 BNS: Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished 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.
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.
P. In case of gang rape of a woman, punishment under section 70(1) has been prescribed as not less than twenty years or life imprisonment which means till the remainder of that person’s natural life.
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.
