The Bharatiya Nyaya Sanhita (BNS), 2023 () is the official criminal code of India. It came into effect on 01-July-2024, after being passed by the Parliament in December-2023, replacing the colonial-era Indian Penal Code of 1860 (IPC).
Timeline On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the Bharatiya Nyaya Sanhita Bill, 2023 in the Lok Sabha. On 12 December 2023, the Bharatiya Nyaya Sanhita Bill, 2023 was withdrawn. On 12 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was introduced in Lok Sabha. On 20 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was passed in Lok Sabha. On 21 December 2023, the Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya Sabha. On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 received the assent of the President of India.
Changes In the BNS, 20 new offences have been added to and 19 provisions in the repealed IPC have been dropped. The punishment of imprisonment has been increased for 33 offences, and fines have been increased for 83 offences. A mandatory minimum punishment has been introduced for 23 offences. A sentence of community service has been introduced for six offences.
Offences against the body: The BNS retains the provisions of the IPC on murder, abetment of suicide, assault and causing grievous hurt. 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 BNS retains the provisions of the IPC on rape, voyeurism, stalking and insulting the modesty of a woman. It increases the threshold for the victim to be classified as an adult, in the case of gang rape, from 16 to 18 years of age. Offences against property: The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud. Offences against the state: The BNS removes sedition as an offence. Instead, there is a new offence for acts endangering India's sovereignty, unity and integrity. Offences against the public: The BNS adds new offences such as environmental pollution and human trafficking.
Debate Like Indian Penal Code, the BNS retains the marital rape exception. It retains the value laden phrase 'outraging the modesty of women' instead of replacing it with the gender-neutral term 'sexual assault'. It provides inadequate protection to victims of non-consensual intimate imagery. It does not include any provision for offences involving rape of males or of transgender individuals.
Provision for offence for acts endangering 'sovereignty or unity and integrity of India', is ambiguous, with the potential to curtail freedom of speech or to stifle dissent.
Assistant professor Faisal Fasih from West Bengal National University of Juridical Sciences said that the intent of establishing a justice-oriented system rather than a punishment-oriented one was not being seen as the reality of the change.
Structure The BNS comprises 20 chapters and 358 sections. Its structure is similar to that of the IPC. The outline of the Sanhita is as follows:The Bharatiya Nyaya Sanhita, 2023 , PRS India, 10 August 2023 +The Bharatiya Nyaya Sanhita, 2023ChaptersClausesClassification of OffencesChapter 1Clauses 1 to 3Preliminary Chapter 2Clauses 4 to 13Of PunishmentsChapter 3Clauses 14 to 44General Exceptions of the Right to Private Defence (sections 34 to 44)Chapter 4Clauses 45 to 62Of Abetment, Criminal Conspiracy and AttemptChapter 5Clauses 63 to 99Of Offences against Women and Children Of Sexual Offences (63 to 73) Of criminal force and assault against women (74 to 79) Of Offences relating to marriage (80 to 87) Of causing miscarriage, etc. (88 to 99)Chapter 6Clauses 100 to 146Of Offences Affecting the Human Body Of Offences Affecting Life (100 to 113) Of Hurt (114 to 125) Of wrongful restraint and wrongful confinement (126 to 136) Of Kidnapping, Abduction, Slavery and Forced Labour (137 to 146)Chapter 7Clauses 147 to 158Of Offences Against the StateChapter 8Clauses 159 to 168Of Offences Relating to the Army, Navy and Air ForceChapter 9Clauses 169 to 177Of Offences Relating to ElectionsChapter 10Clauses 178 to 188Of Offences Relating to Coins, Bank Notes, Currency Notes and Government StampsChapter 11Clauses 189 to 197Of Offences Against the Public Tranquility Chapter 12Clauses 198 to 205Of Offences by Or Relating to Public ServantsChapter 13Clauses 206 to 226Of Contempt of Lawful Authority of Public ServantsChapter 14 Clauses 227 to 269Of False Evidence and Offences against Public Justice.Chapter 15Clauses 270 to 297Of Offences affecting the Public Health, Safety, Convince, Decency and MoralsChapter 16Clauses 298 to 302Of Offences Relating to Religion Chapter 17 Clauses 303 to 334Of Offences against Property Of Theft (303 to 307) Of Extortion (308) Of Robbery and Dacoity (309 to 313) Of Criminal Misappropriation of Property (314 and 315) Of Criminal Breach of Trust (316) Of receiving of stolen property (317) Of Cheating (318 and 319) Of Fundamental Deeds and Disposition of Property (320 to 323) Of Mischief (324 to 328) Of Criminal Trespass (329 to 334)Chapter 18Clauses 335 to 350Of Offences Relating to Documents and to Property Marks Of Documents (335 to 344) Of Property Marks (345 to 350)Chapter 19Clauses 351 to 356Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc Intimidation, Insult and Annoyance (351 to 355) Of Defamation (356) Of breach of contract to attend on and supply wants of the helpless person (357)Chapter 20Clause 358Repeal and Savings (358)
See also Bharatiya Nagarik Suraksha Sanhita Bharatiya Sakshya Act, 2023
References
External links
Bharatiya Nyaya Sanhita from Ministry of Home Affairs