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,
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
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:
- Death or life Imprisonment and a fine of Rs 10 lakhs, if its result in
death of a person, or
- 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:
The act of Terrorism.
- Prevention of Money Laundering Act, 2002 (PMLA) and
- Narcotic Drugs and Psychotropic Substance Act, 1985( NDPS).
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)
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."
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
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.
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.