20 New Offences under BNS (Bharatiya Nyaya Sanhita, 2023)
The Bharatiya Nyaya Sanhita (BNS), 2023, while largely re-enacting 20 newly added (Sections) offenses from the Indian Penal Code (IPC), introduces several new offenses to address evolving crime patterns and societal needs. It’s important to note that some of these are entirely new. In contrast, others are a re-categorization or specific articulation of acts that might have been covered under broader, less specific provisions in the IPC.
20 Newly Added Offences: New Section Under BNS 2023
Here are some of the significant new offenses introduced in the BNS, with their respective sections:
Organized Crime (Section 109 BNS)
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This comprehensive new provision is designed to tackle organized criminal activities. It defines “organised crime” as any continuing unlawful activity, including kidnapping, extortion, contract killing, land grabbing, financial scams, cyber-crimes, etc., undertaken by a crime syndicate.
- Punishment: Varies based on the severity and outcome, including the death penalty or life imprisonment for resulting in death, and significant imprisonment and fines for other instances.
Petty Organized Crime (Section 110 BNS)
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This is a related, but distinct, offense for smaller-scale organized criminal activities, covering acts like snatching, pickpocketing, or selling illegal tickets.
- Punishment: Imprisonment up to seven years and a fine.
Terrorist Act (Section 113 BNS)
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- Punishment: Death or life imprisonment if it results in death; imprisonment between five years and life, with a fine, in other cases.
Murder by a Group of Five or More Persons on Certain Grounds (Mob Lynching) (Section 103(2) BNS)
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This specifically addresses what is commonly referred to as “mob lynching.” It criminalizes murder committed by a group of five or more persons based on grounds of race, caste, community, sex, place of birth, language, personal belief, or any similar ground.
- Punishment: Life imprisonment or death.
Sexual Intercourse by Deceitful Means/False Promise to Marry (Section 69 BNS)
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This provision specifically criminalizes sexual intercourse with a woman obtained by deceitful means or by making a false promise of marriage, employment, promotion, or by concealing one’s identity.
- Punishment: Imprisonment up to ten years and a fine.
Snatching (Section 304 BNS)
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This is a new, separate offense to deal with the specific act of snatching. Previously, it might have been covered under theft or robbery depending on the circumstances.
- Punishment: Imprisonment up to three years and a fine.
Acts Endangering Sovereignty, Unity, and Integrity of India (Section 152 BNS)
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While the BNS removes the offense of sedition (IPC Section 124A), it introduces this new provision to penalize acts that excite or attempt to excite secession, armed rebellion, or subversive activities, or encourage feelings of separatist activities, or endanger the sovereignty, unity, and integrity of India. This can involve words, signs, electronic communication, or financial means.
- Punishment: Imprisonment which may extend to life, or with imprisonment for a term which may extend to seven years and shall also be liable to a fine.
Hiring, Employing, or Engaging a Child to Commit an Offence (Section 95 BNS)
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This explicitly criminalizes the act of engaging children in criminal activities.
- Punishment: Imprisonment up to seven years and a fine.
Attempt to Commit Suicide to Compel or Restrain a Public Servant (Section 226 BNS)
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While the general offense of attempt to commit suicide is decriminalized, this specific act, if done to compel or restrain a public servant from discharging their duty, remains an offense.
- Punishment: Simple imprisonment for a term which may extend to one year, or with fine, or with both.
Causing Grievous Hurt by a Group of Persons on Certain Grounds (Section 117(4) BNS)
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Similar to mob lynching for murder, this addresses grievous hurt caused by a group of five or more persons on specific identity markers.
- Punishment: Imprisonment up to seven years and fine.
Causing Grievous Hurt Resulting in Permanent Disability or Persistent Vegetative State (Section 117(3) BNS)
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This introduces specific, enhanced penalties for grievous hurt that leads to such severe outcomes.
- Punishment: Rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.2
Publication of False and Malicious News (Section 196 BNS)
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This is a new provision that could address the spread of misinformation, though its precise scope and interpretation will be crucial.
- Punishment: Imprisonment for a term which may extend to three years, or with fine, or with both.
Offences by or Relating to Public Servants Engaging in Unlawful Trade (Section 202 BNS)
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This introduces specific punishment for public servants who are legally bound not to engage in trade but do so.
- Punishment: Simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service.
Offences Relating to Sexual Intercourse by Public Servant/Police Officer (Section 64(2) BNS)
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While rape by a public servant was covered under IPC, BNS reiterates and emphasizes stricter punishment for such offenses.
- Punishment: Rigorous imprisonment for not less than ten years which may extend to imprisonment for life.
Offences Relating to Sexual Intercourse by Persons in Authority (Section 64(3) BNS)
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.Similar to the above, it covers persons in authority like management/staff of jails, remand homes, hospitals, etc., who commit sexual intercourse.
- Punishment: Rigorous imprisonment for not less than ten years which may extend to imprisonment for life.
Offences Relating to Sexual Intercourse with a Woman Under Eighteen Years of Age (Section 65(1) BNS)
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While child rape was covered, the BNS simplifies and often enhances penalties for sexual offenses against minors, with a clear threshold of 18 years for “child.”
- Punishment: Rigorous imprisonment for not less than twenty years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder3 of that person’s natural life, and fine.
Abetment of Suicide by a Child, Person with Mental Illness, or Intoxicated Person (Section 106 BNS)
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This specifically addresses abetment of suicide in cases involving vulnerable individuals.
- Punishment: Imprisonment for a term which may extend to ten years and shall also be liable to fine.
Exhibition of Children in Undecent Manner (Section 85 BNS)
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This targets exploitation of children through indecent exhibition, which could include some forms of child pornography or inappropriate public displays.
- Punishment: Imprisonment up to three years, or with fine, or with both.
Imprisonment for Non-Payment of Fine (including Community Service) (Section 8(4) & 8(5) BNS)
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While not a new “offence,” the BNS introduces “community service” as an alternative punishment for non-payment of fine, alongside imprisonment. This is a new form of punishment itself.
Offences Relating to Data and Computer Systems (various sections, interwoven)
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While not a single new section for “cybercrime,” the BNS’s definitions (e.g., of “document” to include electronic and digital records) and application of existing offenses to digital realms signify an expansion to cover modern forms of crime. Specific acts related to hacking, data theft, etc., would fall under various property and other offenses, now clearly applicable to digital assets.
