A Guide to India’s New Criminal law: Understanding Bharatiya Nyaya Sanhita (“BNS”)
The Bharatiya Nyaya Sanhita, 2023 (BNS), effective from July 01, 2024, replaces the Indian Penal Code, 1860 (IPC), introducing numerous updates to the Indian criminal justice system. Here’s a concise summary:
- Structure and Definitions:
- BNS has 358 sections in 20 chapters, replacing IPC’s 511 sections in 23 chapters.
- Definitions previously scattered across IPC are consolidated in two sections under BNS.
- Changes and Deletions:
- Definitions: Gender now includes transgender individuals. Terms like ‘British Calendar’ are updated to ‘Gregorian Calendar,’ and outdated terms like ‘juryman’ are removed.
- Old Offences Deleted:
- Sedition (IPC Section 124A): Replaced with new offences concerning secession, rebellion, and sovereignty in BNS.
- Adultery (IPC Section 497): Decriminalized but penalizes enticing another’s spouse under Section 84 of BNS.
- Unnatural Sexual Offences (IPC Section 377): Removed; no provision for sodomy or bestiality.
- Attempt to Commit Suicide (IPC Section 309): Decriminalized except in cases involving public servants.
- Thug (IPC Section 310), Lurking House Trespass by Night (IPC Section 444), Housebreaking by Night (IPC Section 446), and similar provisions are removed.
- New Offences Introduced:
- Snatching (Section 304), Sexual Intercourse by Deceitful Means (Section 69), Negligence of a Doctor, Terrorism, Organized Crime, Petty Organized Crime, Mob Lynching, and Hiring Children for Crime among others.
- Printing or Publishing Court Proceedings on Sexual Offences (Section 73) and Abetting from Abroad are also new.
- Gender Neutrality:
- Terms like ‘wife’ are replaced with ‘spouse,’ and the definition of ‘child’ is standardized.
- Penalties and Fines:
- Increased for several offences, including murder, causing death by negligence, and hit-and-run cases.
- Introduction of mandatory minimum punishment in 23 offences and expanded fines.
- Community Service:
- Introduced for six minor offences but lacks clarity on implementation.
- Other Changes:
- Terminology Updates: Replacements for terms like ‘night,’ ‘wife,’ and ‘insane person.’
- Scope of Theft: Expanded to include intellectual property.
- Mental Illness: Replaces ‘unsound mind.’
- Adoption of Technology: Definitions aligned with the Information Technology Act, 2002.
- Murder by Life Convicts: Now punishable by either death or life imprisonment.
- Key Issues:
- Overlaps with special laws, unclear scope of community service, broad definitions (e.g., terrorism), inconsistencies in age thresholds, and duplication of offences.
Overall, BNS modernizes the criminal code with increased penalties and new offences while removing outdated provisions and integrating contemporary issues.