Major changes under Bharatiya Nyaya Sanhita (BNS), 2023
The Bharatiya Nyaya Sanhita (BNS), 2023, is a landmark legislation that replaces the Indian Penal Code (IPC), 1860, marking a significant overhaul of India’s criminal law. The goal is to modernize the legal framework, emphasize justice over mere punishment, and address contemporary crimes.
Here are the major changes introduced by the BNS, 2023, explained with relevant section provisions:
Structural and Definitional Changes:
Reduced Sections and Chapters:
- IPC: 511 sections in 23 chapters.
- BNS: 358 sections in 20 chapters.
- Impact: Aims for greater clarity and conciseness by consolidating and streamlining provisions.
Consolidated Definitions:
- IPC: Definitions were scattered throughout the code.
- BNS: Section 2 provides a consolidated list of definitions in alphabetical order (e.g., ‘act’, ‘animal’, ‘child’, ‘gender’, ‘movable property’, ‘offence’, ‘public servant’, ‘woman’).
- Section 2(3) (Child): Defines ‘child’ as any person below the age of eighteen years.
- Section 2(10) (Gender): Explicitly includes “transgender” alongside “male” and “female,” a significant step towards inclusivity.
- Section 2(8) (Document): Includes “electronic and digital record” within the definition of a document, adapting to the digital age.
- Impact: Improves accessibility and understanding of legal terms.
Use of Modern Language:
- Replaces archaic terms with contemporary language (e.g., “Gregorian calendar” instead of “British calendar” in Section 2(20) for month/year calculation).
- Impact: Makes the law more relatable and understandable to a modern audience.
Introduction of New Offences:
The BNS introduces several new offenses to address evolving crime patterns and societal needs.
Organized Crime (Section 109):
- Provision: Defines “organized crime” to include activities like kidnapping, extortion, contract killing, land grabbing, financial scams, and cyber-crimes committed by a crime syndicate. It provides stringent punishments, including mandatory minimums (e.g., imprisonment for not less than five years, or death/life imprisonment if it results in death).
- Impact: A comprehensive law to tackle syndicated criminal activities that were previously handled under special laws or fragmented IPC sections.
Petty Organized Crime (Section 110):
- Provision: Introduces a specific category for “petty organized crime,” which covers minor but habitual offenses like snatching, cheating, public exhibition of sexual acts, illegal gambling, sale of illicit liquor, etc. Punishable with imprisonment for a term which shall not be less than one year but may extend to seven years.
- Impact: Addresses smaller, often recurring criminal activities by organized groups that impact daily life.
Terrorist Act (Section 113):
- Provision: Defines and criminalizes “terrorist act” within the general criminal code, previously largely covered by special laws like the Unlawful Activities (Prevention) Act (UAPA). It includes acts threatening unity, integrity, security, economic security, or striking terror. Punishments include mandatory minimums (e.g., not less than five years imprisonment, or death/life imprisonment if death results).
- Impact: Mainstreams the definition and punishment for terrorism into the general criminal law.
Murder/Grievous Hurt by a Group on Specific Grounds (Mob Lynching) (Section 103(2) for Murder; Section 117(4) for Grievous Hurt):
- Provision: Specifically penalizes a group of five or more persons acting in concert who commit murder (Section 103(2)) or grievous hurt (Section 117(4)) on grounds of race, caste, community, sex, place of birth, language, personal belief, or any other similar ground. Punishment for murder is life imprisonment or death. For grievous hurt, rigorous imprisonment not less than seven years.
- Impact: Direct legal recognition and severe punishment for mob lynching incidents.
Sexual Intercourse by Deceitful Means or False Promise to Marry (Section 69):
- Provision: Criminalizes sexual intercourse with a woman by deceitful means or by making a false promise of marriage, employment, promotion, or by concealing identity.
- Impact: Addresses a specific type of exploitation, particularly relevant to “love jihad” narratives and other forms of deception leading to sexual acts.
Snatching (Section 304):
- Provision: Introduces “snatching” as a distinct offense, defining it as theft where, in order to commit theft, the offender suddenly or quickly or forcibly removes any movable property from the person of another or from his possession.
- Impact: Recognizes a prevalent street crime that was previously prosecuted under general theft provisions.
Repeal and Modification of Existing IPC Offences:
The BNS repeals several IPC sections, either because they are outdated, have been decriminalized by courts, or their essence is covered by new/modified provisions.
Sedition (IPC Section 124A):
- Status: Repealed.
- BNS Equivalent (Section 152 – Acts endangering sovereignty, unity and integrity of India): Replaces sedition with provisions targeting acts exciting secession, armed rebellion, subversive activities, or encouraging separatist activities, or endangering the sovereignty or unity and integrity of India. This focuses more on actual threats to the state’s integrity rather than mere “disaffection.”
- Impact: A major, long-demanded reform, aiming to prevent misuse of the colonial-era sedition law.
Adultery (IPC Section 497):
- Status: Repealed.
- Impact: Formally removes the offense after the Supreme Court decriminalized it in 2018 (Joseph Shine v. Union of India).
Attempt to Commit Suicide (IPC Section 309):
- Status: Decriminalized in general.
- BNS Equivalent (Section 226 – Attempt to commit suicide to compel or restrain exercise of lawful power): While general attempt to suicide is decriminalized (aligned with the Mental Healthcare Act, 2017), the BNS retains criminality for attempting suicide with the intent to compel or restrain a public servant from discharging their official duty. This specific act is punishable with simple imprisonment up to one year, or fine, or both, or with community service.
- Impact: A more humane approach to mental health, while retaining a deterrent for coercive acts.
Thug (IPC Sections 310 & 311):
- Status: Repealed.
- Impact: These historical provisions are removed, with such acts now covered under organized crime or specific offenses like murder/robbery.
Unnatural Offences (IPC Section 377):
- Status: Partially Repealed.
- Impact: Removes the part criminalizing consensual same-sex acts (following Navtej Singh Johar v. Union of India, 2018). Acts like bestiality remain criminal.
Enhanced Punishments and Mandatory Minimums:
The BNS generally increases the severity of punishments for many offenses and introduces mandatory minimum punishments for 23 identified offenses (as discussed in detail in the previous response).
Rape and Gang Rape (Sections 63, 64, 65, 66, 70, 71):
- Key Change: Higher mandatory minimums for rape, especially involving minors.
- Example (Section 64): Basic rape now has a minimum of 10 years rigorous imprisonment.
- Example (Section 65(1)): Rape of a woman under 18 has a minimum of 20 years rigorous imprisonment.
- Example (Section 71): Gang rape of a woman under 18 or by a repeat offender has mandatory life imprisonment (natural life) or death.
- Impact: Stricter punishment and clearer sentencing for sexual offenses against women and children.
Murder by Life Convict (Section 102):
- Provision: Punishment of death or imprisonment for the remainder of that person’s natural life.
- Impact: Reintroduces severe punishment options for convicts who commit murder while serving a life sentence.
Criminal Breach of Trust / Cheating:
- Fines for many property offenses have been substantially increased (e.g., fines in 83 offenses).
Procedural and Modernization Aspects (though primarily dealt with in BNSS, BNS 2023 has implications):
Gender Neutrality:
- Section 2(10): Explicitly includes “transgender.”
- Many offenses are reframed to be gender-neutral where appropriate (e.g., “whoever” instead of “man”).
- Impact: More inclusive language in the law.
Community Service as Punishment (Section 4(f)):
- Provision: Introduced as a new form of punishment for petty offenses.
- Examples (BNS Sections):
- Section 202: Public servant unlawfully engaging in trade.
- Section 209: Non-appearance in court in response to a proclamation.
- Section 226: Attempt to commit suicide to compel a public servant.
- Section 303(2) Proviso: Theft where value of stolen property is less than ₹5,000, first-time conviction, and property is returned/restored.
- Section 355: Misconduct in public by a drunken person.
- Section 356(2): Defamation.
- Impact: Focus on restorative justice and rehabilitation for minor offenses, reducing burden on prisons.
Increased Use of Technology:
- Section 2(8): Inclusion of “electronic and digital record” in the definition of document.
- Provisions for electronic recording of statements (though primarily in BNSS).
- Impact: Adapts the law to the digital age and facilitates digital evidence.
Emphasis on Crimes Against Women and Children:
- A dedicated chapter (Chapter V, Sections 63-99) for offenses against women and children.
- Increased age for victim in gang rape for higher punishment (from 16 to 18 years under IPC to 18 years under BNS for severe penalties).
- Impact: Signifies a heightened focus on protecting vulnerable sections of society.