MAJOR CHANGES UNDER BHARTIYA NYAYA SANHITA BILL, 2023

Introduction
Bhartiya Nyaya Sanhita Bill, 2023 (BNS) is one of the three criminal law bills introduced by the
Union Government to replace the era-old Indian Penal Code, 1860 (IPC). BNS was passed in
Lok Sabha on 20th December 2023 and in Rajya Sabha on 21st December 2023. Apart from
amendments it aims to add several offences in the ordinary law which were either part of any
statute or was an offspring of precedents declared by the Supreme Court of India.

What are the Major Changes Introduced in the Bhartiya Nyaya Sanhita Bill, 2023?

Mob Lynching:
 Clause 103 of BNS provides punishment for murder.
 Sub-clause (2) of Section 103 states that when a group of five or more persons acting in
concert commits murder on the grounds of race, caste or community, sex, place of birth,
language, personal belief or any other similar ground each member of such group shall be
punished with death or with imprisonment for life, and shall also be liable to fine.
 SC in Tehseen S Poonawalla v. Union of India & Ors (2018) asked the government to
bring law on mob lynching.
o The Court observed that “There can be no shadow of doubt that the authorities
which are conferred with the responsibility to maintain law and order in the States
have the principal obligation to see that vigilantism, be it cow vigilantism or any
other vigilantism of any perception, does not take place”.

Promise to Marry:
 Clause 69 of BNS provides punishment for Sexual intercourse by employing deceitful
means, etc.
 It states that whoever, by deceitful means or by making promise to marry to a woman
without any intention of fulfilling the same, has sexual intercourse with her, such sexual
intercourse not amounting to the offence of rape, shall be punished with imprisonment of
either description for a term which may extend to ten years and shall also be liable to
fine.
 Explanation—“deceitful means” shall include inducement for, or false promise of
employment or promotion, or marrying by suppressing identity.

Organized Crime:
 Organized crime in India includes variety of illegal activities that are planned,
coordinated, and conducted by criminal organizations.
 Till now, organized crimes were dealt under several state legislations and other acts of
parliament including the Maharashtra Control of Organized Crime Act, 1999 (MCOCA),
Prevention of Money Laundering Act, 2002 (PMLA) and Narcotic Drugs and
Psychotropic Substances Act, 1985 (NDPS).
  Clause 111 of BNS punishes Organized Crime
o Acts of unlawful activity including kidnapping, robbery, vehicle theft, extortion,
land grabbing, contract killing, economic offences, cyber-crimes having severe
consequences, trafficking in people, drugs, illicit goods or services and weapons,
and human trafficking racket for prostitution or ransom shall constitute organized
crime.
o It must be done by the effort of groups of individuals acting in concert, singly or
jointly, either as a member of an organised crime syndicate or on behalf of such
syndicate.
o It must be done by use of violence, threat of violence, intimidation, coercion,
corruption or related activities or other unlawful means to obtain direct or indirect,
material benefit including a financial benefit.

 Clause 112 punishes Petty organized crime or organized crime in general

o Petty organized crime includes crime that causes general feelings of insecurity
among citizens relating to theft of vehicle or theft from vehicle, domestic and
business theft, trick theft, cargo crime, theft (attempt to theft, theft of personal
property), organized pickpocketing, snatching, theft through shoplifting or card
skimming and Automated Teller Machine thefts or procuring money in unlawful
manner in public transport system or illegal selling of tickets and selling of public
examination question papers and such other common forms of organized crime.
o It must be committed by organized criminal groups or gangs.
o And it shall include the said crimes when committed by mobile organized crime
groups or gangs that create network of contacts, anchor points, and logistical
support among themselves to carry out number of offences in region over a period
before moving on.
o Whoever commits or attempts to commit any petty organised crime, under this
shall be punished with imprisonment for a term which shall not be less than one
year but which may extend to seven years, and shall also be liable to fine.

Terrorism
 Clause 113 of BNS punishes terrorism by any act with the intent to threaten or likely to
threaten the unity, integrity, sovereignty, security, or economic security of India or with
the intent to strike terror or likely to strike terror in the people or any section of the
people in India or in any foreign country.
 Terrorist act is currently dealt with under the Unlawful Activities Prevention Act, 1967
(UAPA).

Attempt to Suicide:
 Clause 226 of BNS covers punishment for attempt to commit suicide to compel or
restrain exercise of lawful power.
 It states that whoever attempts to commit suicide with the intent to compel or restrain any
public servant from discharging his official duty shall be punished with simple
imprisonment for a term which may extend to one year, or with fine, or with both, or with
community service.
Fake News:
 Clause 197 punishes acts including imputations, assertions prejudicial to national
integration which covers false news.
 Clause 197 (1) (d) states that whoever, by words either spoken or written or by signs or
by visible representations or through electronic communication or otherwise, makes or
publishes false or misleading information, jeopardising the sovereignty, unity and
integrity or security of India, shall be punished with imprisonment which may extend to
three years, or with fine, or with both.

Sedition:
 Clause 152 of BNS has introduced Sedition in a new form as subversive activities.
 Clause 152 states that whoever, purposely or knowingly, by words, either spoken or
written, or by signs, or by visible representation, or by electronic communication or by
use of financial mean, or otherwise, excites or attempts to excite, secession or armed
rebellion or subversive activities, or encourages feelings of separatist activities or
endangers sovereignty or unity and integrity of India; or indulges in or commits any such
act shall be punished with imprisonment for life or with imprisonment which may extend
to seven years, and shall also be liable to fine.
 Explanation– Comments expressing disapprobation of the measures, or administrative or
other action of the Government with a view to obtain their alteration by lawful means
without exciting or attempting to excite the activities referred to in this section do not
constitute an offence under this section.

Way Forward
 As BNS has deleted several acts such as unnatural sexual offences, adultery, thugs,
gender-biased provisions, etc., which were a part of IPC, this act will have a positive
impact on Indian society.
 The bill requires Presidential assent to reform the era old criminal code of India known as
IPC.
 MAJOR CHANGES UNDER BHARTIYA NYAYA SANHITA BILL, 2023

On 25th of December 2023,the Bhartiya Nyaya(second) Sanhita Bill 2023 received the assent of
the President of India. Bhartiya Nyaya Sanhita Bill 2023(BNS) is one of three criminal bill
(Bhartiya Nagarik Suraksha Sanhita and Bhartiya Sakshya Act 2023)introduced by the Union
Government to replace the era old Indian Penal Code,1860(IPC).

One of the key factors to introduce these three Bills was to add the digitalization factor to the
laws which the old laws does not possess. The bills have introduced several amendments, apart
from amendments the bill aims to add several offences in the daily course of law which were
either part of any statue or was an offspring of precedents declared by the Supreme Court of
India.

What are the major changes introduced in the Bhartiya Nyaya Sanhita Bill, 2023

Promise to Marry.
Section 69 of the Bhartiya Nyaya Sanhita Bill 2023 provides punishment for sexual intercourse
engaging deceitful means.

Section 69 of the BNS stats that: "Whoever, by the deceitful means or making by promise to
marry a women without any intention of fulfilling the same, and has sexual intercourse with her,
such sexual not amounting to the offence of rape, shall be punished with imprisonment of either
description of term which may extent to 10 years and shall also be liable for fine."

"Deceitful means" shall include the false promise of employment or promotion, inducement.

Mob lynching.
Section 103(2) of the Bhartiya Nyaya Sanhita Bill 2023 provides punishment for murder under
the act of Mob lynching.

Section 103(2) of the Bhartiya Nyaya Sanhita Bill 2023 stats that "when a group of five or more
person acting in concerns commit murder on the ground of race, caste or community, sex, place
of birth , language, personal belief or any other ground each member of such group shall be
punished with death or with imprisonment for life, shall be liable to fine."

The Act Of Sedition.

Sedition is no longer an offence. Instead, there is now a wider concept for act endangering the
sovereignty unity and integrity of India.

Section 152 of the BNS 2023 stats that: Whoever, purposely or knowingly, by words, either
spoken or written, or by signs, or by visible representation, or by electric communication or by
use of financial means, or otherwise, excites or attempts to excite, succession or armed rebellion
or subversive activates, or encourages feeling of separatist activates or endangers sovereignty or
unity and integrity of India, or indulges in or comment any such act shall be punished with
imprisonment for life or with imprisonment which may extent to 7 years and shall also be liable
to fine .
Comments expressing disapprobation of the measures, or administrative or other action of the
Government with a view to obtain their alteration by lawful means without exciting or
attempting to excite the activities referred to In this Section.

Organised Crime.
Organised crime includes offences such as Kidnapping, Extortion, Contract Killing, Land
Grabbing, Financial Scams and Cybercrime which is carried out by the Criminal Syndicate.

Attempting or committing organised crime will be punishable with:

1. Death or life Imprisonment and a fine of Rs 10 lakhs, if its result in death of a person, or
2. Imprisonment for at least 5 years and a fine of at least 5 lakhs rupees.

The use of violence , threat of violence , intimidation, coercion, corruption, or related activates or
other unlawful means is must to obtain direct or indirect, material benefit including financial
benefits.

As of now these crimes were dealt under various state legislature and act of parliament
which are:

1. Prevention of Money Laundering Act, 2002 (PMLA) and

2. Narcotic Drugs and Psychotropic Substance Act, 1985( NDPS).

The act of Terrorism.

Section 113 of Bhartiya Nyaya Sanhita punishes and defines terrorism as any act which is done
in intent to threaten or likely to threaten the unity, integrity, Sovereignty, Security or Economic
Security of India or with the intent to strike terror or likely to strike terror in the people or any
Section of the people in India or in any foreign country.

Before the indulgment of definition of terrorism under BNS 2023, Terrorism act is currently
dealt under the Unlawful Activities Prevention Act,1967(UAPA)

Suicide
Section 309 of IPC defines punishment of suicide a Imprisonment sentence of up to one year or
with fine or both. Now Section 224 of the Bhartiya Nyaya Sanhita Bill covers suicide proposing
"Whoever attempts to commit suicide with the intent to compel or restrain any public servant
from discharging his official duty shall be punished with simple imprisonment for a term which
may extent to one year or with fine or with both or with community service."

Snatching
Another new provision BNS 2023 adds is to define Snatching Section 302 of the Bhartiya Nyaya
Sanhita defines Snatching it says "theft is Snatching if, in order to commit theft, the offender
suddenly or quickly or forcibly seizes or services or grabs or takes away from any person or from
his possession any moveable property any indulges in the above mentioned activity will be liable
for Imprisonment of up to 3 years and liability to fine for whoever commits snatching.
The Act of Defamation.
The only change that happened in the Act of defamation is in terms of its punishment, BNS 2023
adds "community service" as a form of punishment in the act of defamation it adds that "whoever
liable for the act of defamation will be liable for Simple Imprisonment of up to two years, or
with fine, or with both or with Community service.

Way Forward:
The Bhartiya Nyaya Sanhita Bill 2023 is seen as a innovative and reformative step taken by the
Government of India as it has deleted several laws such as adultery, natural sexual offences,
thugs, gender based provisions etc., which were the part of the old laws i.e.

IPC, these act will have a huge impact and societal reforms in the Indian Society, these acts now
have a national based identity, scraping the old British legacy over the nation and these bills have
come up with the identity that with the changing times and need of society, laws of the nation
changes to provide Safety, security, freedom to the citizen of this country. The new bills have
covered up several loopholes which are present in the old laws, facility citizens and
implementing the laws effectively.
 THE BHARATIYA NYAYA (SECOND) SANHITA, 2023

Highlights of the Bill

 The Bharatiya Nyaya (Second) Sanhita (BNS2) retains most offences from the IPC. It
adds community service as a form of punishment.
 Sedition is no longer an offence. Instead, there is a new offence for acts endangering the
sovereignty, unity and integrity of India.
 The BNS2 adds terrorism as an offence. It is defined as an act that intends to threaten the
unity, integrity, security or economic security of the country, or strike terror in the
people.
 Organised crime has been added as an offence. It includes crimes such as kidnapping,
extortion and cyber-crime committed on behalf of a crime syndicate. Petty organised
crime is also an offence now.
 Murder by a group of five or more persons on grounds of certain identity markers such as
caste, language or personal belief will be an offence with penalty life imprisonment or
death, and with a fine.

Key Issues and Analysis

 Age of criminal responsibility is retained at seven years. It extends to 12 years depending

upon the maturity of the accused. This may contravene recommendations of international
conventions.
 The BNS2 defines a child to mean a person below the age of 18. However, for several
offences, the age threshold of the victim for offences against children is not 18. The
threshold for minority of the victim of for rape and gangrape is different.
 Several offences overlap with special laws. In many cases, both carry different penalties
or provide for different procedures. This may lead to multiple regulatory regimes,
additional costs of compliance and possibility of levelling multiple charges.
 The BNS2 removes sedition as an offence. The provision on endangering the
sovereignty, unity and integrity of India may have retained aspects of sedition.
 The BNS2 retains the provisions of the IPC on rape and sexual harassment. It does not
consider recommendations of the Justice Verma Committee (2013) such as making the
offence of rape gender neutral and including marital rape as an offence.
 The BNS2 omits S. 377 of IPC which was read down by the Supreme Court. This
removes rape of men and bestiality as offences.
 PART A: HIGHLIGHTS OF THE BILL

Context

The Indian Penal Code (IPC), 1860 is the principal law on criminal offences in India. Offences
covered include those affecting: (i) human body such as assault and murder, (ii) property such as
extortion and theft, (iii) public order such as unlawful assembly and rioting, (iv) public health,
safety, decency, morality, and religion, (iv) defamation, and (v) offences against the state. Over
the years, the IPC has been amended to add new offences, amend existing ones and change the
quantum of punishment.[1] Courts have also de-criminalised certain offences such as
consensual intercourse between same-sex adults, adultery and attempt to commit suicide.[2],[3],[4]
Several states have also amended the IPC to provide different punishments for sexual offences,
selling minors for prostitution, adulteration of food and drugs and sacrilege of religious texts.[5],
[6],[7],[8]
Several Law Commission reports have recommended amendments to the IPC on subjects
including offences against women, food adulteration, death penalty.[9], [10]

The Bharatiya Nyaya Sanhita (BNS) was introduced on August 11, 2023 to replace the IPC. It
was examined by the Standing Committee on Home Affairs.[11] The Bharatiya Nyaya (Second)
Sanhita, 2023 (BNS2) was introduced on December 12, 2023 after the earlier Bill was
withdrawn. It incorporates certain recommendations of the Standing Committee. The BNS2
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.

Key Features

Key changes in the BNS2 include:

 Offences against the body: The IPC criminalises acts such as murder, abetment of suicide,
assault and causing grievous hurt. The BNS2 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 BNS2 retains these provisions. It increases the
threshold for the victim to be classified as a major, in the case of gang rape, from 16 to 18 years
of age. It also criminalises sexual intercourse with a woman by deceitful means or making false
promises.
 Sedition: The BNS2 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: Terrorism includes an act that intends to: (i) threaten the unity, integrity, security or
economic security of the country, or (ii) strike terror in the people or any section of people in
India. Punishment for attempting or committing terrorism includes: (i) death or life
imprisonment, and a fine, if it results in death of a person, or (ii) imprisonment between five
years and life, and a fine.
 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 BNS2 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 life imprisonment or death.
 Rulings of the Supreme Court: The BNS2 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.

PART B: KEY ISSUES AND ANALYSIS

Age specifications for offences

Minimum age of criminal responsibility higher than several other jurisdictions

Age of criminal responsibility refers to the minimum age at which a child can be prosecuted and
punished for an offence. Advances in understanding of how brain biology affects adolescent
behaviour has raised questions about how responsible children should be held for their actions.
[12] Under IPC, nothing is considered an offence if committed by a child below the age of seven
years. The age of criminal responsibility increases to 12 years, if the child is found to not have
attained the ability to understand the nature and consequences of his conduct. The BNS2 retains
these provisions. This age is lower than the age of criminal responsibility in other countries. In
2007, a UN Committee recommended states to set the age of criminal responsibility to above 12
years.[13]

The age of criminal responsibility varies across countries. For instance, in Germany, the age of
criminal responsibility is 14 years, whereas in England and Wales, it is 10 years.[14],[15] In
Scotland, the age of criminal responsibility is 12 years.[16]

Age threshold of the victim for similar offences against children varies
The BNS2 provides for higher penalties in case of offences against children. In most cases, it
provides that a victim below the age of 18 years be treated as a child. The penalty for rape and
gang rape of women and children is different. However, the threshold for minority of the victim
for different offences of rape and consequently the penalty, varies. For gang rape, the penalty
differs based on whether the victim is above or below 18 years of age. However, for rape, the
penalty is different based on whether the victim’s age is below 12 years, between 12 and 16
years, or above. This is inconsistent with the Protection of Children from Sexual Offences Act,
2012, which classifies all individuals below the age of 18 as minors.

Additionally, under BNS2, age threshold of the victim for certain offences against children is not
18 years. For example, kidnapping or abducting a child with the intent to steal from a parent
applies only to a child under 10 years. This implies that the punishment for kidnapping an 11-
year-old is the same as that of kidnapping an adult. Further, the BNS2 retains from the IPC the
age of 21 years for the offence of importing a foreign woman from another country. However,
for boys, it adds the age threshold of 18 years. The Standing Committee on Home Affairs (2023)
has recommended defining a child as a person below the age of 18.11

Overlap between the BNS2 and special laws

Duplication of offences with other special laws

When the IPC was enacted, it encompassed all criminal offences. Over time, special laws have
been enacted to address specific subjects and related offences. Some of these offences have been
removed from the BNS2. For example, offences related to weights and measures were
incorporated in the Legal Metrology Act, 2009 and have been removed from the BNS2.
However, several offences continue to be retained (see Table 1 below for some illustrations).
The BNS2 also adds certain new offences such as organised crime and terrorism which are
already covered under special laws. Such overlap in laws may cause additional compliance
burden and costs. It may also lead to multiple laws providing varying penalties for the same
offences. Deleting such offences could remove duplication, possible inconsistencies, and
multiple regulatory regimes.

Table 1: Illustrative list of overlap between and IPC, BNS2 and Special Laws
BNS2 Special Law

Adulteration of food or drink for sale

Imprisonment up to 6 months, fine up to Rs The Food Safety and Security Act, 2006: Imprisonment
5,000, or both. up to life, and a fine up to Rs 10 lakh for manufacture,
storage, sale of unsafe food. Sentence proportionate to
Non-Cognizable, bailable. (IPC Sec. 272,
damage caused. (Sec. 59)
273; BNS2 Clause 274, 275)

Adulteration of drugs, and sale of adulterated drugs

Adulteration penalised with imprisonment The Drugs and Cosmetics Act, 1940: Consumption of
up to a year, fine up to Rs 5,000, or both. adulterated drugs causing death or grievous hurt penalised
with imprisonment between 10 years and life, and fine of
Sale of adulterated drugs penalised with
at least Rs 10 lakh, or 3 times the value of the seized
imprisonment up to 6 months, fine up to Rs
drugs, whichever is higher.
5,000 or both.
In other cases, penalty is imprisonment of 3-5 years, and
Non-Cognizable, bailable. (IPC Sec. 274,
fine of at least Rs 1 lakh, or 3 times the value of the seized
275; BNS2 Clause 276, 277)
drugs, whichever is more. (Sec. 27)

Unlawful compulsory labour

Imprisonment up to one year, fine, or both. The Bonded Labour System (Abolition) Act, 1976:
Imprisonment up to 3 years and fine up to Rs 2,000.
Cognizable, Bailable. (IPC Sec. 374; BNS2
(Sec. 16, 17, 18).
Clause 146)
BNS2 Special Law

Abandoning a child

Parent or guardian abandoning a child The Juvenile Justice Act, 2015: Abandoning or
below the age of 12 is punishable with procuring a child for abandonment is punishable with
imprisonment up to 7 years, fine, or both. imprisonment up to 3 years, fine up to Rs 1 lakh, or both.
Biological parents abandoning a child due to
Cognizable, bailable. (IPC Sec. 317; BNS2
circumstances beyond their control are exempt. (Sec. 75)
Clause 93)

Rash driving

Punishable with imprisonment up to 6 The Motor Vehicles Act, 1988: Punishment for first
months, fine up to Rs 1,000 or both. offence: imprisonment up to 6 months, and/or fine up to
Rs 5,000. Subsequent offence within three years:
Cognizable, bailable, non-
imprisonment up to 2 years and/or a fine up to Rs 10,000.
compoundable. (IPC Sec 279; BNS2 Clause
Cognizable, bailable, compoundable. (Sec. 184)
281)

Sources: IPC; BNS2; Various Special Laws; PRS.

Addition of crimes related to organised crime and terrorism

Currently, organised crime and acts of terrorism are not covered under IPC. Acts of terrorism
are covered under the Unlawful Activities (Prevention) Act, 1967 (UAPA). Organised crime is
covered by state laws such as the Maharashtra Control of Organised Crime Act, 1999 (MCOCA),
and similar laws enacted by Karnataka, Gujarat, Uttar Pradesh, Haryana and Rajasthan.[17]
Offences related to both organised crime and terrorism have been added in the BNS2. The
provision on terrorism in BNS2 is similar to the one in UAPA. Adding organised crime as an
offence in the BNS2 fills a gap as these crimes may occur across all states, including those which
have not enacted a special law. However, this also creates duplication of laws in states which
already have such special laws.

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) and the Bharatiya Sakshya
(Second) Bill, 2023 (BSB2) which replace the Code of Criminal Procedure, 1973 and the Indian
Evidence Act, 1872, respectively, do not provide for a separate criminal procedure for these
offences. The special laws on organised crime and terrorism have several departures from
ordinary criminal procedure. They remove some safeguards for the accused, such as the
conditions for bail and the admissibility of police confessions. Cases under UAPA are tried
under the National Investigation Agency Act, 2008, which establishes Special Courts to try such
cases.[18] Under the BNSS2, cases of terrorism will be tried in Sessions Courts. This would
result in varying investigation and trial procedures for similar offences. The Standing
Committee on Home Affairs (2023) had recommended providing special criminal procedures for
organised crime in the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS).11

Penalty for crime by member of a gang differs from that by an individual

The BNS2 defines petty organised crime as an offence. It includes: vehicle theft, pick-
pocketing, selling of public examination question papers, any other similar criminal act. To
qualify as petty organised crime, such offences must be committed by members of a group or
gang. This offence is penalised with imprisonment of one to seven years, and a fine. This
penalty creates a distinction between an offence committed by a member of a gang and a person
committing an offence on his own. For example, the penalty for theft is upto three years
imprisonment, whereas if the same act is committed by a gang or group, the penalty is between
one and seven years of imprisonment.
Offences against women

The BNS2 retains the provisions of IPC related to rape. It has not addressed several
recommendations made by the Justice Verma Committee (2013) and Supreme Court on
reforming offences against women. We mention some of these below.

Table 1: Recommendations related to offences against women

Recommendations Whether incorporated in BNS2

Rape (IPC s.375) – Rape should not be No. Original provision retained in Clause 63.
limited to penetration of the vagina, mouth or
anus. Any non-consensual penetration of a
sexual nature should be included in the
definition of rape. Exception to marital rape
should be removed.9

Words, gesture, or act intended to insult No. Original provision retained in Clause 79.
modesty of woman (IPC s.509) - the section
should be repealed. The offence of ‘eve-
teasing’ can be charged under s.354 of the
IPC (s.73). Remove the terminology
‘modesty of women’ from the IPC.9

Assault or use of criminal force on woman No. Penalty is imprisonment for at least three
with intent to disrobe (IPC s.354B) - penalty years up to seven years (Clause 76).
should be increased to imprisonment for at
least five years up to 10 years.[19]

Adultery (IPC s.497) – the section violates Yes. Adultery has been omitted. However,
Articles 14 and 21. It creates a distinction BNS2 retains s.498 of the IPC (Clause 84)
between men and women based on gender which penalises a man for enticing the wife of
stereotypes, and is arbitrary. Adultery should another man so that she may have intercourse
not be treated as an offence as it violates the with any person.
right to privacy.3

Sources: See endnotes; PRS.

Act: Section 124A

Bill: Clause 152

Aspects of sedition retained

The IPC defines sedition as bringing or attempting to bring hatred, contempt, or exciting
disaffection towards the government. The Supreme Court has put the offence of sedition on hold
until a Constitution bench examines it.[20] The BNS2 removes this offence. Instead, it adds a
provision that penalises: (i) exciting or attempting to excite secession, armed rebellion, or
subversive activities, (ii) encouraging feelings of separatist activities, or (iii) endangering
sovereignty or unity and integrity of India. These offences may involve exchange of words or
signs, electronic communication, or use of financial means. It may be argued that the new
provision retains certain aspects of the offence of sedition and broadens the range of acts that
could be seen as threatening the unity and integrity of India. Terms like ‘subversive activities’
are also not defined, and it is unclear what activities will meet this qualification.

In 1962, the Supreme Court limited the application of sedition to acts that carry the intention or
tendency to create public disorder or incite violence.[21] Note that the BNSS2 refers to
‘seditious matters’ in BNS2 (clauses 150, 195, 297), despite the word sedition not appearing in
BNS2.
Solitary confinement may violate fundamental rights

The IPC permits solitary confinement for offences that are penalised with rigorous
imprisonment. Such offences include criminal conspiracy, sexual harassment, kidnapping or
abducting to murder. The BNS2 retains these provisions. The Prisons Act, 1894, which also
permits solitary confinement, has been adopted by many state laws.[22] Provisions on solitary
confinement are not in line with Court rulings and expert recommendations.

The Supreme Court (1979) has held that measures such as pushing prisoners into solitary cells
deprives them of their right to life and liberty under Article 21.[23] In 1971, the Law
Commission recommended removing solitary confinement from the IPC. It observed that such
confinement is out of tune with modern thinking and should not exist as a punishment for any
criminal court to enforce.[24] In 1978, the Supreme Court recognised the Law Commission’s
recommendation and held that solitary confinement must be enforced only in exceptional cases.
[25]

The scope of community service is unclear

The BNS2 adds community service as a punishment. It extends this punishment to offences such
as: (i) theft of property worth less than Rs. 5,000, (ii) attempt to commit suicide with the intent to
restrain a public servant, and (iii) appearing in a public place intoxicated and causing annoyance.
The BNS2 does not define what community service will entail and how it will be administered.
The Standing Committee on Home Affairs (2023) recommended defining the term and nature of
‘community service’.11
Drafting issues

There are several drafting issues in the BNS2. We illustrate a few below:

Table 2: Some examples of missing offences, drafting issues and obsolete illustrations

Missing offences

IPC Section 375 specifies rape of a woman as an offence. Section 377 specifies
sections “intercourse against the order of nature against any man, woman or animal” an offence;
375 and the Supreme Court read this down to exclude consensual sex between adults. This
377 meant that forced intercourse with an adult male is an offence, so is intercourse with an
animal. Rape of children, regardless of gender is an offence under the POCSO Act,
2012.

The BNS2 does not retain section 377. This implies that rape of an adult man will not
be an offence under any law, neither will having intercourse with an animal. The
Standing Committee on Home Affairs (2023) has recommended re-introducing this
provision.

Obsolete references (may need to be updated with examples from modern life)

129 Illustrations: (b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them
to quicken their pace. Here A has caused change of motion to Z by inducing the
animals to change their motion. A has therefore used force to Z; and if A has done this
without Z’s consent, intending or knowing it to be likely that he may thereby injure,
frighten or annoy Z, A has used criminal force to Z.

Other illustrations relate to palanquins (illustration c in clause 127) and cannons

(illustration d in clause 100).

Sources: BNS, IPC; PRS.

 BHARATIYA NYAYA SANHITA, 2023

Introduction
The Indian Penal Code was the replica of British criminal jurisprudence, designed not to help or
protect India but rather to control and punish them. Various Sections of this criminal law were
irrelevant in the current scenario because we as a society have evolved in every aspect. The
Union Government of India proposed replacing the colonial-era criminal laws by launching a
series of amendments aiming to protect the rights of Indian citizens. Three bills were introduced
by the Minister of Home Affairs in the Lok Sabha to replace the Code of Criminal
Procedure (CrPC), the Indian Penal Code (IPC), and the Indian Evidence Act. The bills
introduced were the Bharatiya Nyaya Sanhita Bill 2023, Bharatiya Nagarika Suraksha Sanhita
Bill 2023, and Bharatiya Sakshya Bill 2023 aimed to replace the IPC 1860, CrPC 1973, and
Indian Evidence Act 1872 respectively. While introducing the Bills, Union Minister Amit
Shah said, “These three acts, which will be replaced, were made to strengthen and protect British
rule and their purpose was to punish, not to give justice. We are going to bring changes in both
these fundamental aspects.” In this article, we will discuss the key provisions and changes
proposed by the introduction of the Bharatiya Nyaya Sanhita (BNS) of 2023.

Bharatiya Nyaya Sanhita, 2023

In India, IPC 1860 is the principal law on criminal offences covering those affecting the
property, the human body, public order, defamation, public health, and offences against the state.
The longstanding IPC criminal law has been amended several times over the years to add new
offences, change the quantum of punishment, and amend existing offences. Moreover, several
Law Commission reports have recommended amendments to the IPC on subjects such as food
adulteration, offences against women, and the death penalty. To transform the criminal justice
delivery landscape of India, the Bharatiya Nyaya Sanhita Bill 2023 was proposed which consists
of 358 sections whereas the IPC 1860 consists of 511 sections. Minister of Home Affairs Amit
Shah introduced the Bharatiya Nyaya Sanhita Bill in the Lok Sabha on August 11, 2023. Further,
the BNS Bill was withdrawn on December 12, 2023, and the Bharatiya Nyaya (Second) Sanhita
Bill, 2023 was introduced in the Lok Sabha. On December 20, and 21, the Bharatiya Nyaya
(Second) Sanhita Bill, 2023, was passed in the Lok Sabha and Rajya Sabha respectively. Further,
the Bharatiya Nyaya (Second) Sanhita Bill, 2023, received the assent of India’s
President Droupadi Murmu, on December 25, 2023.

Key Provisions and Changes

The new law gives precedence to offences against women, state, murder, and children. It also
established uniformity in the use of the term ‘child’ by replacing expressions such as ‘child
under the age of eighteen years’ and ‘minor’ throughout the legislation, helping to provide
consistency and clarity in the legal language. The new BNS law introduced ‘community service’
as one of the punishments for certain offences such as ‘public servant unlawfully engaging in
trade’, ‘Non-appearance in response to a proclamation under Section 84 of Bharatiya Nagarik
Suraksha Sanhita, 2023’, ‘Attempt to commit suicide to compel or restrain exercise of lawful
power’, ‘Misconduct in public by a drunken person’, and defamation. Some of the major changes
are listed as follows:
 Section 2 of the BNS, 2023, includes definitions of ‘child’ and ‘transgender’. Also,
‘Electronic and digital records’ have been incorporated in the definition of ‘document’
illustrating their importance in contemporary contexts. Along with this, the definition of
‘movable property’ has been revised, “includes property of every description, except land
and things attached to the earth or permanently fastened to anything which is attached to
the earth.”
 Section 48 of the BNS, 2023, introduced a new rule ‘Abetment outside India for affence
in India’. This means any individual who plots to carry out an offence in India while
sitting in another country can be held accountable under this law.
 Section 69 of the new law illustrated a new offence, ‘sexual intercourse by employing
deceitful means, etc.’ It states that any individual by false promise of marriage,
employment, or promotion engages in sexual intercourse should be punished with
imprisonment for a term extending to 10 years and should be liable to fine.
 The introduction of the new BNS law eliminated the age-based distinction for
punishment in gang rape cases of a minor girl. It mandates life imprisonment of the death
penalty for the crime of gang rape of a woman below 18 years of age, Section 70(2).
 The new law also addresses the serious issue of mob violence, murder, or grievous hurt
by five or more than five people on the specified ground, under Section 103. The grounds
may include caste, community, place of birth, sex, race, personal belief, language, or any
other.
 The BNS, 2023, has modified the punishment for causing death by negligence from 2
years to 5 five years imprisonment under Section 106 (i). Moreover, it also highlighted
that if such an act is done by a registered medical practitioner he/she should be punished
with imprisonment for a term extending to 2 years and a fine.
 Also, a new provision to address the cases of hit and run is introduced under Section
106(ii) of BNS 2023. It states that “Whoever causes the death of any person by rash and
negligent driving of vehicle not amounting to culpable homicide, and escapes without
reporting it to a police officer or a Magistrate soon after the incident, shall be punished
with imprisonment of either description of a term which may extend to ten years, and
shall also be liable to fine”.
 Section 111 of the BNS, 2023, introduced deterrent punishments for organized crime
such as land grabbing, kidnapping, contract killing, cybercrime, extortion, trafficking of
persons or goods or weapons or drugs, and financial scams. It states that anyone who
attempts or commits an organized crime will be punished with life imprisonment or death
and a Rs. 10 Lakhs fine in case the offence results in the death of any individual and for
others the punishment will be less than 5 years extending to life imprisonment and a fine
of at least 5 lakh rupees.
 The Bharatiya Nyaya Sanhita of 2023, also introduced deterrent punishments for
committing any terrorist act, any act performed with “an intent to threaten or likely to
threaten the unity, integrity, sovereignty, security, or economic security of India or with
the intent to strike terror or likely to strike terror in the people or any section of the
people in India or in any foreign country”. As per Section 113 of the law, anyone who
commits such an offence will be punished with imprisonment for less than 5 years but
may extend to life imprisonment and a fine. In case such an offence resulted in the death
of any person then the offender is punished with death or life imprisonment and a fine.
 Another important provision (Section 141), importation of a girl or boy from a foreign
country, is introduced where any girl (under 20 years of age) and boy (under 18 years of
 age) is imported into India from any foreign country and are forced to illicit intercourse
with another person will be punished with 10 years of imprisonment and a fine.
 Along with this, the BNS of 2023 eliminated the Section related to Sedition (specifically
Section 124A of the IPC) upholding the constitutional right of freedom of speech and
expression. It introduced a new provision, Section 152 where any person who conducted
an act endangering the sovereignty, unity, and integrity of India will be punished with life
imprisonment or imprisonment extending to 7 years and a fine.
 Section 304 of the BNS 2023, has introduced a new offence of ‘Snatching’ which states
that “theft is snatching if, in order to commit theft, the offender suddenly or quickly or
forcibly seizes or secures or grabs or takes away from any person or from his possession
any movable property”. As per this Section, anyone who commits snatching should be
punished with imprisonment which may extend to three years and a fine.
Top 10 Changes Made by Bharatiya Nyaya Sanhita (BNS)

Table of Contents

1. Community Service has been included in BNS as a punishment for the first time for petty
offences
2. Punishment for mob-lynching (new provision)
3. New Offence of Organised Crime
4. New Offence of Petty Organised Crime
5. New Offence of Terrorist Act
6. Changes in punishment in hit and run cases
7. Sedition made not punishable by omission of section 124A of IPC; Instead treason is
made punishable under new section 150 of BNS
8. Mere possession of fake currency notes is no more punishable
9. Scope of offence of “theft” expanded to cover theft of intangible items
10. Snatching [New offence u/s 304 of BNS]

The Bharatiya Nyaya Sanhita,2023 (BNS) received the assent of President of India on
25.12.2023. There is a misconception that BNS has replaced IPC with effect from 25.12.2023
and FIR for all offences will be filed under BNS with effect from 25.12.2023. It is not so. BNS
will repeal and replace IPC only from the date of coming into force of BNS as appointed by the
Central Government by issuing a notification under section 1(2) of BNS. Central Government is
empowered to appoint different dates of coming into force for different provisions of BNS. All
offences committed till the notified date/(s) of coming into force of BNS will be dealt with
under IPC only.

The following are the top 10 changes in BNS as compared with IPC applicable from the
date/(s) to be notified by the Central Government:

1. Community Service has been included in BNS as a punishment for the first time for petty
offences
2. Punishment for mob lynching (new provision)
3. New offence of organized crime
4. New offence of petty organized crime
5. New offence of terrorist act
6. Change in punishment in hit and run cases
7. Sedition made not punishable by omission of section 124A of IPC; Instead treason is
made punishable under new section 150 of BNS
8. Mere possession of fake currency notes is no more punishable
9. Scope of offence of “theft” expanded to cover theft of intangible items like theft of data
(eg credit card skimming), identity theft, theft of intangible assets in view of expanded
definition of “movable property”
10. Snatching (new offence)
 The above changes are explained in detail as under:

1. Community Service has been included in BNS as a punishment for the first time for petty
offences

 Section 53 of IPC provided for 5 types of punishments, viz.,

1. Death;
2. Imprisonment for life;
3. Imprisonment which is of two descriptions–rigorous and simple;
4. Forfeiture of property and
5. Fine.

Section 4(f) of BNS has introduced a new 6th type of punishment – Community service

 To reduce the burden on jails, community service has been included in BNS as a punishment for
the first time and it is being given legal status. [PIB Press Release, dated 20-12-2023]
 BNS prescribes Community Service as punishment for petty offences like non-appearance in
response to a proclamation, attempt to commit suicide, to compel or restraint exercise of lawful
power of public servant, petty theft on return of theft money, misconduct in public by a drunken
person, defamation, etc.
 The term “community service” is not defined in BNS. However, it is defined by Explanation to
section 23 of BNSS to mean the work which the Court may order a convict to perform as a form
of punishment that benefits the community, for which he shall not be entitled to any
remuneration.

1.1 Offences for which punishment of community service can be awarded

 BNS prescribes Community Service as punishment for 6 petty offences

 Under BNS, Community service can be awarded as punishment in case of following offences:

Section Offence

Section 202 Public servant unlawfully engaging in trade.

 Non-appearance in response to a proclamation under section 84 of Bharatiya
Section 209
Nagarik Suraksha Sunhita 2023.

Section 226 Attempt to commit suicide to compel or restraint exercise of lawful power.

In cases of theft where the value of the stolen property is less than five
Proviso below thousand rupees, and a person is convicted for the first time, shall upon return
of the value of property or restoration of the stolen property, shall be
section 303(2):
punished with community service.

Section 355 Misconduct in public by a drunken person.

Section 356 Defamation

2. Punishment for mob-lynching (new provision)

Section 103(2) of BNS is a new provision. Section 103(2) provides that when a group of five or
more persons acting in concert commits murder on the ground of race, caste or community, sex,
place of birth, language, personal belief or any other ground each member of such group shall be
punished with death or with imprisonment for life, and shall also be liable to fine.

3. New Offence of Organised Crime

There was no offence of organized crime or punishment for it in IPC. Hitherto, Organised crime
is defined and punishable in state laws such as Maharashtra Control of Organised Crime Act,
1999 (MCOCA). Section 111 of BNS is a new provision dealing with Organised Crime.

3.1 New Definition of “Organised Crime”[Section 111(1)]

The following are the ingredients of “Organised crime”:

 Continuing unlawful activity: It is any continuing unlawful activity including

1. kidnapping
2. robbery
3. vehicle theft
4. extortion
5. land grabbing
6. contract killing
7. economic offence
8. cyber-crimes
9. trafficking in persons, drugs, weapons or illicit goods or services
 10. human trafficking for prostitution or ransom

 Activity carried on by member/members of organised crime syndicate: Such activity is

carried on by any person or a group of persons acting in concert, singly or jointly, either as a
member of an organised crime syndicate or on behalf of such syndicate
 Unlawful means: Such activity is carried on by use of violence, threat of violence, intimidation,
coercion, or by any other unlawful means
 Aim is to obtain a benefit: Such activity is carried on to obtain direct or indirect, material
benefit including a financial benefit

3.2 New definition of “Economic offence” [Clause (iii) of Explanation below Section 111(1)]

“Economic offences” includes the following offences committed for obtaining the monetary
benefits in any form:

 criminal breach of trust

 forgery
 counterfeiting of currency-notes, bank-notes and Government Stamps
 hawala transaction
 mass-marketing fraud or
 running any scheme to defraud several persons or
 doing any act in any manner with a view to defraud any bank or financial institution or any other
institution

3.3 New definition of “Organised crime syndicate” [Clause (i) of Explanation below
Section 111(1)]

“Organised crime syndicate” means a group of three or more persons who, acting either singly
or jointly, as a syndicate or gang indulge in any continuing unlawful activity

3.4 Punishment for committing organized crime

Whoever commits organised crime shall,—

(a) if such offence has resulted in the death of any person, be punished with death or
imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees;

(b) in any other case, be punished with imprisonment for a term which shall not be less than five
years but which may extend to imprisonment for life, and shall also be liable to fine which shall
not be less than five lakh rupees. [Section 111(2)]

Section 111(3) provides for Punishment for abetment of, attempt to commit, or facilitating
organized crime or engaging in activity preparatory to organized crime.

Section 111(4) provides for Punishment for being a member of an organized crime syndicate.
 Section 111(5) stipulates punishment for intentionally harbouring or concealing any person who
has committed the offence of an organised crime

Section 111(6) stipulates Punishment for possession of any property derived or obtained from the
commission of an organised crime or proceeds of any organised crime or which has been
acquired through the organised crime

Section 111(7) provides for punishment for person in possession of any property on behalf of a
member of an organized crime syndicate which he cannot satisfactorily account for [Section
111(7)]

4. New Offence of Petty Organised Crime

Section 112 of BNS is a new provision. There is no such provision in IPC.

Section 112 provides as under :

4.1 Definition of “petty organized crime”

Whoever, being a member of a group or gang, either singly or jointly, commits

 any act of theft

 snatching
 cheating
 unauthorised selling of tickets
 unauthorised betting or gambling
 selling of public examination question papers
 or any other similar criminal act

is said to commit petty organised crime.

4.2 Punishment for petty organized crime

 Whoever commits any petty organised crime shall be punished with imprisonment for a term
which shall not be less than one year but which may extend to seven years, and shall also be
liable to fine.

4.3 “Snatching”

 The term “snatching” will have the same meaning as given in definition in section 304(1) of
BNS as section 3(2) of BNS provides that every expression which is explained in any part of
BNS will be regarded as used in conformity with such explanation in every other part of BNS.
However, if offender committing “snatching”(chain snatching, mobile snatching etc) is a
member of a gang or group, the offence of snatching is punishable under this section.
 If he commits it as a lone wolf (operating by himself solo and not part of gang/group), it will be
punishable u/s 304(2) [Section 304 is a New section that treats snatching as a separate new
offence].
 Punishment under section 304(2) is lesser than under section 112.
 4.4 Scope of the term “theft”

The term “theft” is defined in section 303(1) of BNS. For the purposes of this sub-section “theft”
includes

 trick theft,
 theft from vehicle, dwelling house or business premises,
 cargo theft,
 pick pocketing,
 theft through card skimming,
 shoplifting and
 theft of Automated Teller Machine.

The terms “trick theft”, “card skimming”, “shoplifting”, “pickpocketing etc are not defined in
BNS. These terms will have to be understood as per their ordinary popular connotation.

As section 3(2) of BNS provides that every expression which is explained in any part of BNS
will be regarded as used in conformity with such explanation in every other part of BNS, this
definition of “theft” will apply to section 303 of BNS also.

If offender committing “theft” is a member of a gang or group, offence is punishable under this
section. If he commits it as a lone wolf (operating by himself solo and not part of gang/group), it
will be punishable u/s 303(2) of BNS. Punishment under section 303(2) is lesser than under
section 112. Moreover, offence of theft under section 303(2) (committed by sole operator) is
compoundable offence under section 359 of Bharatiya Nagarik Suraksha Sanhita,2023 (BNSS)
while theft committed by a person who is a part of a gang is offence under section 112 and is not
compoundable.

4.5 Cheating

In view of section 3(2) of BNS, definition of “cheating” in section 318(1) of BNS will apply for
section 112 purposes also. However, the following points are to be noted.

 If offender committing cheating is a member of a gang or group, the offence of cheating is

punishable under this section
 If he commits it as a lone wolf (operating by himself solo and not part of gang/group), it will be
punishable u/s 318

5. New Offence of Terrorist Act

Section 113 of BNS is a new provision

5.1 New definition – definition of ‘terrorist act’

 Section 113 provides as under :
 Whoever does any act with the intent to threaten or likely to threaten the unity, integrity,
sovereignty, security, or economic security of India or with the intent to strike terror or
likely to strike terror in the people or any section of the people in India or in any foreign
country,––
 by using bombs, dynamite or other explosive substance or inflammable substance or
firearms or other lethal weapons or poisonous or noxious gases or other chemicals or
by any other substance (whether biological, radioactive, nuclear or otherwise) of a
hazardous nature or by any other means of whatever nature to cause or likely to
cause,—

1. death of, or injury to, any person or persons; or

2. loss of, or damage to, or destruction of, property; or
3. disruption of any supplies or services essential to the life of the community in
India or in any foreign country; or
4. damage to, the monetary stability of India by way of production or smuggling
or circulation of counterfeit Indian paper currency, coin or of any other
material; or
5. damage or destruction of any property in India or in a foreign country used or
intended to be used for the defence of India or in connection with any other
purposes of the Government of India, any State Government or any of their
agencies; or

 overawes by means of criminal force or the show of criminal force or attempts to do so or causes
death of any public functionary or attempts to cause death of any public functionary; or
 detains, kidnaps or abducts any person and threatening to kill or injure such person or does any
other act in order to compel the Government of India, any State Government or the Government
of a foreign country or an international or inter-governmental organisation or any other person to
do or abstain from doing any act,

commit a terrorist act.

For the purpose of this sub-section —

(a) “public functionary” means the constitutional authorities or any other functionary notified in
the Official Gazette by the Central Government as public functionary;

(b) “counterfeit Indian currency” means the counterfeit currency as may be declared after
examination by an authorised or notified forensic authority that such currency imitates or
compromises with the key security features of Indian currency.

5.2 Punishment for commission of ‘terrorist act’

Whoever commits a terrorist act shall,—

1. if such offence has resulted in the death of any person, be punished with death or
imprisonment for life, and shall also be liable to fine;
 2. in any other case, be punished with imprisonment for a term which shall not be less than
five years but which may extend to imprisonment for life, and shall also be liable to fine.

5.3 Punishment for conspiring/attempting to commit/advocating/abetting/advising/inciting

or knowingly facilitating the commission of a terrorist act

Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or

knowingly facilitates the commission of a terrorist act or any act preparatory to the commission
of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five
years but which may extend to imprisonment for life, and shall also be liable to fine.

5.4 Punishment for organising camp to train terrorists or recruiting persons for
committing terrorist acts

Whoever organises or causes to be organised any camp or camps for imparting training in
terrorist act, or recruits or causes to be recruited any person or persons for commission of a
terrorist act, shall be punished with imprisonment for a term which shall not be less than five
years but which may extend to imprisonment for life, and shall also be liable to fine.

5.5 Punishment for being a member of organisation involved in terrorist act

Any person who is a member of an organisation which is involved in terrorist act, shall be
punished with imprisonment for a term which may extend to imprisonment for life, and shall also
be liable to fine.

5.6 Harbouring or concealing a terrorist

Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing
that such person has committed a terrorist act shall be punished with imprisonment for a term
which shall not be less than three years but which may extend to imprisonment for life, and shall
also be liable to fine:

This sub-section shall not apply to any case in which the harbour or concealment is by the spouse
of the offender.

5.7 Punishment for possessing proceeds of terrorist acts

Whoever knowingly possesses any property derived or obtained from commission of any
terrorist act or acquired through the commission of any terrorist act shall be punished with
imprisonment for a term which may extend to imprisonment for life, and shall also be liable to
fine.

Police officer of rank of SP and above to decide whether offence to be registered under
UAPA or under this section.

For the removal of doubts, it is hereby declared that the officer not below the rank of
Superintendent of Police shall decide whether to register the case under this section or under the
Unlawful Activities (Prevention) Act, 1967.
 6. Changes in punishment in hit and run cases

Section 304A of IPC deals with death caused by negligence. Section 106 of BNS corresponds to
section 304A

6.1 Increased punishment

 Section 106(1) of BNS provides that whoever causes death of any person by doing any rash or
negligent act not amounting to culpable homicide, shall be punished with imprisonment of either
description for a term which may extend to five years.
 The new law increases the punishment for causing death by negligence from a maximum of two
years to a maximum of five years. This change reflects a stricter approach to cases of negligence
resulting in death.

6.2 Offender escaping or failing to report [New]

 Section 106(2) introduces an additional provision in sub-section (2) to section 106 of BNS,
which addresses situations where the offender escapes from the scene of the incident without
reporting it to a police officer or Magistrate after the incident. In such cases, the punishment is
very severe, with a maximum term of imprisonment of ten years with fine. [Section 106(2)]
 As the instances of hit and run cases are on the rise, a new provision under section 106(2) of
BNS has been made. Currently hit and run cases resulting in death due to reckless and negligent
driving are registered u/s 304A of IPC, with maximum penalty of two years of imprisonment. As
per Delhi Road Crash Report of 2021, there were 555 cases (46.01% of total cases) where the
registration number of vehicles involved in crime were unknown, signifying hit and run cases.
The Supreme Court had in several cases observed on the inadequacy of law in view of increased
vehicular accident. To address this issue, the new provision has been introduced under clause
106(2), which was long overdue.
 Section 106(2) has been introduced to cover the hit and run accidents and to ensure reporting of
accident immediately. This has been introduced with an aim to save the victim within the critical
‘Golden Hour’ a term introduced in the Motor Vehicles Act, 1988 in the year 2019.
 Punishment under section 106(2) is not attracted merely by virtue of driver escaping from the
scene after the incident to escape the wrath of bystanders who might mob-lynch him. Offence is
committed only if escape from scene is coupled with non-reporting by him to Police or
Magistrate soon after the incident.

6.3 Medical practitioner [New]

 In case of registered medical practioner if negligent act is done by a registered medical

practitioner while performing medical procedure, he shall be punished with imprisonment of
either description for a term which may extend to two years, and shall also be liable to fine.
 For the purposes of this sub-section, “registered medical practitioner” means a medical
practitioner who possesses any medical qualification recognised under the National Medical
Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical
Register or a State Medical Register under that Act.
 7. Sedition made not punishable by omission of section 124A of IPC; Instead treason is
made punishable under new section 150 of BNS

7.1 Sedition/Treason

 BNS has omitted section 124A of IPC under which sedition was a punishable offence.
 Section 124A of IPC provided that whoever by words, either spoken or written, or by signs, or
by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or
excites or attempts to excite disaffection towards, the Government established by law in India,
shall be punished with imprisonment for life, to which fine may be added, or with imprisonment
which may extend to three years, to which fine may be added, or with fine.
 In order to expel the British from the country, thousands of freedom fighters spent the golden
years of their lives in jail on charges of sedition. Abolition of this offence in independent India
will give satisfaction to their souls [PIB Press Release, dated 20.12.2023]
 BNS has replaced sedition with treason. [PIB Press Release, dated 20.12.2023].
 A new offence relating to act of endangering sovereignty, unity and integrity of India has been
added under section 152 in BNS.
 Unlike IPC, sedition is no longer an offence under BNS.
 Instead, offence under BNS is treason which is covered in section 152 of BNS as acts
endangering sovereignty, unity and integrity of India.

7.2 Act endangering sovereignty, unity and integrity of India

 Section 152 is a new provision.

 Section 152 of BNS provides that whoever, purposely or knowingly, by words, either spoken or
written, or by signs, or by visible representation, or by electronic communication or by use of
financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or
subversive activities, or encourages feelings of separatist activities or endangers sovereignty or
unity and integrity of India; or indulges in or commits any such act shall be punished with
imprisonment for life or with imprisonment which may extend to seven years, and shall also be
liable to fine.
 Explanation to section 152 of BNS clarifies that comments expressing disapprobation of the
measures, or administrative or other action of the Government with a view to obtain their
alteration by lawful means without exciting or attempting to excite the activities referred to in
this section (activities of secession or armed rebellion or subversive activities, activities of
encouraging feelings of separatist activities or endangering sovereignty or unity and integrity of
India) do not constitute an offence under this section.

8. Mere possession of fake currency notes is no more punishable

Section 242 of IPC has been amended and introduced as section 178 in BNS to protect the public
who are merely in possession of forged or counterfeit currency notes or bank-notes etc. Under
the amended law, mere possession of forged or counterfeit currency notes or bank-notes etc. is
not an offence.

The amended law (section 178 of BNS) provides that in order to constitute an offence possession
of counterfeit currency note has to be accompanied by the intention to use the same as genuine.
 9. Scope of offence of “theft” expanded to cover theft of intangible items like theft of data
(eg credit card skimming),identity theft, theft of intangible assets in view of expanded
definition of “movable property”

Theft is covered by section 303 of BNS. Corresponding provisions were sections 378 and 379 of
BNS

9.1 Expanded definition of “theft” vis a vis IPC [Section 303(1) read with section 112(1)
and section 2(21)]

 The definition of “movable property” in BNS is wider than it was in IPC.

 Section 2(21) of BNS omits the word “are intended to include corporeal” before the word
“property” which was there in the definition of movable property in section 22 of IPC.
 Therefore, movable property includes property of every description other than immovable
property whether such property is in corporeal (tangible physical) form or not.
 Definition of movable property under BNS will include intangible assets like patents, copyrights,
etc., also as well as actionable claims.
 Definition of theft will include data theft also and will cover online stealing of funds by hacking
bank accounts.
 In view of expanded definition of movable property, theft will include theft of intangible assets,
theft of data, theft through card skimming, online theft through hacking bank accounts or cloning
the mobile etc.
 In view of section 3(2) of BNS, the term “theft” in section 303 will also cover offences included
in scope of “theft” in the inclusive definition of “theft” in Explanation to section 112(1). In terms
of the said Explanation, “theft” includes trick theft, theft from vehicle, dwelling house or
business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft
of Automated Teller Machine.

9.2 Prescribed punishment [section 303(2)]

 In normal cases of theft imprisonment remains at 3 years under both old and new law.
 In case of repeat offences of thefts (second or subsequent conviction), more stringent punishment
is provided for in BNS by way of rigorous imprisonment for a term which shall not be less than
one year but which may extend to five years and with fine.

9.3 Community service as punishment for first-time convict if he returns value of stolen
property or restores stolen property

Proviso to section 303(2) of BNS provides for punishment with community service instead of
imprisonment or fine or both in case of petty thefts (value of the stolen property is less than
₹5000) by first-time convict upon return of the value of property or restoration of the stolen
property.

9.4 Snatching

 Punishment for theft under section 379 of IPC applied to theft by snatching also. Under BNS,
theft by snatching is a separate offence u/s 304 of BNS with more stringent punishment.
 9.5 Mandatory Summary trial of offences of petty theft

 The monetary limits for petty thefts triable in summary trials in terms of value of stolen property
involved has been increased from ₹2000 (section 260(1) of CrPC) to ₹20000 [section 283(1) of
Bharatiya Nagarik Suraksha Sanhita (BNSS)].
 Section 283 of BNSS makes summary trial mandatory for petty and less serious cases. Under
Cr.PC, it was discretionary for the Magistrate to try petty and less serious offences in a summary
way as section 260(1) of Cr.PC used the words “may, if he thinks fit, try in a summary way all or
any of the following offences”. Section 283(1) of BNSS replaces the word “may” with the word
“shall” and has also increased monetary limits for petty offences to be tried summarily.

9.6 When offence of theft is punishable under this section and when punishable u/s 112

 If offence commits theft as a lone wolf (operating by himself solo and not part of gang/group), it
will be punishable under this section.
 If offender committing “theft” is a member of a gang or group, offence is punishable under
section 112 as petty organized crime.

10. Snatching [New offence u/s 304 of BNS]

Section 304 of BNS is a new provision. IPC did not treat snatching as offence distinct from
theft under section 379 of IPC.

10.1 Snatching

 Theft is “snatching” if, in order to commit theft, the offender suddenly or quickly or forcibly
seizes or secures or grabs or takes away from any person or from his possession any movable
property.
 Whoever commits snatching, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.

10.2 When offence of snatching is punishable under this section and when punishable u/s
112

 If offender commits snatching as a lone wolf (operating by himself solo and not part of
gang/group), it will be punishable under this section.
 If offender committing “snatching”(chain snatching, mobile snatching etc) is a member of a gang
or group, the offence of snatching is punishable under section 112 as petty organized crime.

10.3 Distinction between theft and snatching

The distinction between theft and snatching is summarised as under in the table below

Points of
Sr No Theft Snatching
comparison
 Section of
303(2)(if offender not part of a 304(2) (if offender not part of a
BNS under
(a) group/gang)/112(2) (if offender group/gang)/112(2) (if offender part of a
which
part of a group/gang) group/gang)
punishable

Section
303(1)/Explanation below
(b) Definition Section 304(1)
section 112(1) read with section
2(21)

Snatching involves theft. However, every

theft does not amount to snatching. A
Theft is a much wider term than theft amounts to snatching when it
snatching. Theft would cover satisfies the definition of theft under
theft of all kinds of movable section 303(1) and the offender suddenly
property whether corporeal or or quickly or forcibly seizes or secures or
Scope of the
(c) non- corporeal. Theft would grabs or takes away from any person or
term
cover theft of intangible assets from his possession any movable
as also theft of data/theft of property. Further, theft can be of tangible
identity. movable property as well as of
data/intangible assets while snatching
can be only of tangible movable
property.

In cases of theft where the

Leniency
value of the stolen property is
where
less than five thousand rupees,
offence is
and a person is convicted for
by first time No leniency in case of snatching even if
the first time, shall upon
(d) offender first-time offender and value of stolen
return of the value of
and value of property is petty amount.
property or restoration of the
stolen
stolen property, shall be
property is
punished with community
not much
service

(e) Whether Where the value of the property The Magistrate may, after giving the
offence is stolen does not exceed ₹20000, accused a reasonable opportunity of
summarily offence of theft under section being heard, for reasons to be
 recorded in writing, try in a summary
303(2) of BNS shall be tried in way all or any of the offences not
a summary way by any Chief punishable with death or imprisonment
Judicial Magistrate or for life or imprisonment for a term
triable
Magistrate of the first class. exceeding three years.[Section 283(2) of
Thus, summary trial is BNSS]
compulsory for petty thefts
It is discretionary for Magistrate to try or
not to try snatching in a summary way.

Imprisonment of either
imprisonment of either description for a
description for a term which
(f) Punishment term which may extend to three years,
may extend to three years, or
and shall also be liable to fine.
with fine, or with both.

in case of second or subsequent

conviction of any person under
this section, he shall be
Punishment
punished with rigorous
(g) for repeat —————
imprisonment for a term
offence
which shall not be less than
one year but which may extend
to five years and with fine

Compoundable [Section 359(1)

of BNSS] if offence punishable
u/s 303(2).
The offence may be
Compounda
(h) compounded by the owner of Non-Compoundable
bility the stolen property.
Non-compoundable if
punishable under section
112(2).

Mandatory summary trial if

offence is punishable u/s 303(2)
Summary trial at Magistrate’s discretion
Summary and value of stolen property
(i) when offence is punishable u/s 303(2)
Trial does not exceed
[Section 283(2) of BNSS]
₹20000[Section 283(1)(i) of
BNSS]
 COMPARATIVE ANALYSIS BETWEEN INDIAN PENAL CODE, 1860 AND
BHARATIYA NYAYA SANHITA, 2023

In an effort to reform India's criminal justice system, Union Home Minister Amit Shah
introduced three bills in the Lok Sabha on August 11, 2023. The previous Indian Penal Code
(1860), Indian Evidence Act (1872), and Code of Criminal Procedure (1973), respectively, will
be replaced by the Bharatiya Nyaya Sanhita, Bharatiya Saksh Bill, and Bharatiya Nagarik
Suraksha Sanhita.

The three proposed statutes have been forwarded to a Parliamentary Standing Committee, which
will undertake in-depth deliberations and is anticipated to present its findings by the start of the
next session of Parliament.[i]

This article will analyse the statutory changes made to the Indian Penal Code, 1860, which will
be renamed as the Bharatiya Nyaya Sanhita, 2023. In the following, the terms IPC and BNS,
respectively, will be used.

By conducting a thorough comparison of sections from the IPC and BNS, the article's scope
would be constrained to just significant changes made to Indian penal law.

Alteration In The Structure

Inclusive of amendments and additions, IPC is subdivided into 26 chapters that comprise of 576
Sections.

In contrast to the IPC's convoluted structure, the BNS has an improved structure having 19
chapters and 356 Sections.

In addition to proposing revisions to 175 existing provisions and the addition of 8 new sections,
BNS also recommends the deletion of 22 IPC provisions.

Positive Changes
The recently introduced BNS has resulted in a number of positive changes. Although there may
be overlaps where one provision might be categorised under more than one heading, they are
divided into four major headings in this article:

1. Progressive Changes:
o Progressive Changes in BNS include:
 Sexual intercourse by deceitful means or false promise to marry will be
considered as Crime under Section 69 of BNS. It will be punishable with
simple or rigorous imprisonment up to 10 years, and a fine.
  Terrorism and Terrorist Act have been defined under law for the first time
and also regarded as an offence in Section 111 of BNS.
 New Provision on 'Snatching' under Section 302. It says that whoever
commits snatching shall be punished with imprisonment of up to three
years, and shall also be liable to a fine.
 Section 101(2): A separate provision of mob lynching provided for seven
years imprisonment, life imprisonment, and death sentence as a
punishment.
o The BNS has also changed significantly in that archaic and insulting phrases like
"lunatic person" and "person of unsound mind" have been replaced. All of these
references have been labelled with more delicate language, such as "person with
mental illness" or "having intellectual disability." Section 22 of the BNS, which
corresponds to Section 84 of the IPC, reflects this modification. A similar
modification has been made to Section 28(b) of the BNS, which corresponds to
Section 90(b) of the IPC.
o Earlier, importing girls under the age of 21 years for illicit intercourse with
another person is an offence. Now the revised Section 139 of BNS which
corresponds to Section 366B of IPC specifies that importing boys under the age of
18 years for illicit intercourse with another person will also be an offence. This
could have a positive impact as it is a way towards equality in criminal law.
o Introduction of Organised crime and petty organised crime or organised in
general, i.e., Section 109 and 110 of BNS respectively.

2. Stricter laws on Sexual Offences

o Stricter laws on Sexual Offences in BNS include:
 Punishment for rape has been enhanced from seven years to ten years as
given in Section 64 of BNS which corresponds to Section 376 of IPC.
 Earlier, Section 376 of IPC provides "Whoever commits rape shall be
punished with imprisonment of either description". Now, Section 64 of
BNS explicitly states that "Whoever commits rape shall be punished with
rigorous imprisonment."
 Death Penalty for gang rape of women below 18 years of age as per
Section 70 of BNS, which corresponds to Section 376DB of IPC.
 Additionally, a new law protecting the identities of sexual assault victims
has been introduced which can be seen in Section 72 of BNS.
 A new provision i.e., Section 69 has been added to BNS in the Chapter
governing offences against women and children.

3. Community Service as a punishment

o Section 53 of IPC explicitly provides five kinds of punishments to which
offenders are liable:
 Death
 Imprisonment for life
 Imprisonment, which is of two descriptions, namely:
 Rigorous, that is, with hard labour
 Simple
 Forfeiture of Property
 Fine
 o Section 4 of BNS, which corresponds to Section 53 of IPC provides Community
service as a punishment in addition to five aforementioned punishments.
o Community service, to put it simply, is unpaid labour that offenders may be
required to perform as a form of punishment rather than being imprisoned.
o The BNS calls for community service as a punishment for petty offences.
Following this, some section-by-section changes include:
 A public servant who violates their legal obligation to refrain from
conducting trade will be subject to simple imprisonment for up to a year, a
fine, both, or community service as given in Section 200 of BNS, which
corresponds to Section 168 of IPC.
 Defamation is an offence that carries a simple sentence of up to two years
in jail, a fine, both, or community service as per Section 354 of BNS,
which corresponds to Section 499 of IPC.
 Community Service as a punishment in Attempt to Suicide.
 If not given a 24-hour prison sentence, people accused of making a public
nuisance while under the influence of alcohol may be required to perform
community service.

4. Sedition law will be repealed and replaced

The proposal in the BNS that "Sedition law will be completely repealed" stands out the
most. Provisions under the sedition law - proposed to be scrapped � will be retained in
Section 150 for acts of endangering the sovereignty, unity and integrity of India.[viii]

Section 150 of BNS provides, "Whoever, purposely or knowingly, by words, either

spoken or written, or by signs, or by visible representation, or by electronic
communication or by use of financial mean, or otherwise, excites or attempts to excite,
secession or armed rebellion or subversive activities, or encourages feelings of separatist
activities or endangers sovereignty or unity and integrity of India; or indulges in or
commits any such act shall be punished with imprisonment for life or with imprisonment
which may extend to seven years and shall also be liable to fine."[ix]

The major key differences between Section 124A of IPC and Section 150 of BNS are:

 The expressions used in Section 150 of BNS refers to a wider variety of actions and
behaviour while Section 124A of IPC only referred to actions and behaviors "bringing
into hatred or contempt" and "exciting disaffection" towards the government.
 Punishment for sedition has been enhanced from three years to seven years in Section
150 of BNS, which corresponds to Section 124A of IPC.
 The act of sedition must be committed intentionally or knowingly, according to Section
150 of the BNS while such a thing isn't encompassed by Section 124A of the IPC.
 Section 150 of BNS clearly acknowledges the use of modern communication techniques
to commit sedition while Section 124A of IPC doesn't explicitly mention these aspects.

Negative Changes And Loopholes:

While the majority of the modifications in BNS may be seen as beneficial, some of the reforms
have also given rise to serious issues while some are still untouched by the BNS.

1. No Definition of Community Service

As abovementioned, one of the positive change in BNS is the introduction of Community

service as a punishment. But what the Bill fails to do, though, is define just what
community service entails. Without such a prescription, it is impossible to rule out the
potential of sentencing disputes.

In a few isolated instances, strange forms of community service were mandated. For
instance, a directive to donate money to a gaushala, distribute copies of the Quran, or do
temple service.

Even though some of these directives were later revoked, it is still possible that there
were more directives with similar religious overtones or that promoted patriarchal (or
other harmful) standards.

Thus, a list of possible community service activities or guidelines for conduct may be
useful.

2. No Proper Step toward Gender Neutrality in Rape and Sexual Assault

Gender neutrality in rape and sexual assault legislation refers to the concept that the
criminal code should recognise that men, women, and transgender people can both
commit and be victims of rape.

In 2019, the Criminal law amendment Bill was introduced as private member's bill which
suggested major changes, in order to make the Indian criminal laws gender neutral.

But, BNS like IPC recognises only the women as victim of rape and sexual assault while
men as perpetrators in same.

3. No major Change in Sedition Law

The proposed Section 150 maintains the criminalization of any act that "excites or
attempts to excite" secessionist activities or "encourages feelings of separatist activities"
without making incitement to violence or disruption of public order a prerequisite to
bringing charges.

Almost everything that Section 124A of the IPC now classifies as sedition is covered
under Section 150, including speeches, newspaper articles, books, and plays.
Concluding Remarks

Without a shadow of a doubt, it can be stated that the substantive criminal law, i.e., the IPC, has
undergone various changes in terms of content as well as in the arrangement of the sections of
the BNS.

The majority of the modifications are generally well-intentioned and much-needed.

This article classified them in four headings:

i. Progressive Changes
ii. Stricter laws on Sexual Offences
iii. Community service as a punishment
iv. Sedition law will be repealed and replaced

On the other hand, BNS contains a few flaws.

This article classified them in three headings:

i. No Definition of Community Services

ii. No Proper Step towards Gender Neutrality in Rape and Sexual Assault
iii. No major change in Sedition law

'Bringing laws is one thing and implementing it is another'. For a proper implementation, better
infrastructure should be incorporated in the criminal justice system.

Moreover, the BNS will be a way forward to overhaul the pre-colonial rules but still It appears
that the Bill is broadly based on the same principles as the existing Code (which is good as also
natural). However, some of the new additions in the Bill require a closer examination� both in
terms of phraseology as well as intent.