The Bhartiya Nyaya (second) Sanhita Bill 2023 received the assent of the President of India on 25th of December 2023. 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). These 3 laws will come into effect from July 01, 2024.
Major Changes Under Bhartiya Nyaya Sanhita Bill, 2023
- Mob lynching
Section 103(2) of the Bhartiya Nyaya Sanhita Bill 2023 provides punishment for murder under the act of Mob lynching meaning thereby “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
BNS has omitted section 124A of IPC under which sedition was a punishable offence.
Section 152 of the BNS 2023 states 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 .
- 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.
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.
- 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 indulgent 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 as an 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 as “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. Whoever commits snatching will be liable for Imprisonment of up to 3 years and liability to fine.
- 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.
- 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.
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.
- 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.
- 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.”
The BNS 2023 is seen as an 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. This 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.
Disclaimer: Information in this note is intended to provide only a general update of the subjects covered. It is not intended to be a substitute for detailed research or the exercise of professional judgment. KNM accepts no responsibility for loss arising from any action taken or not taken by anyone using this publication.
