Bharatiya Nyaya

Sanhita
New Criminal bills was introduced by Union Home Minister
Sh. Amit Shah On last day of Monsoon session in August,2023
HISTORY OF PENAL LAWS IN INDIA
In British Colonial rule Four Law Commissions were setup by the British Government

The first Law Commission was established in 1834 by the British government under the chairmanship of

Lord Macaulay. It suggested various enactments to the British government, most of which were passed

and enacted and are still in force in India. Few of the most important recommendations made by this first

Law Commission were those on the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still

in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure

Code of 1973), etc. Thereafter three more Law Commissions were established which made a number of

other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of

the significant ones.

 WHAT ARE PROBLEMS IN EXISTING
CRIMINAL LAWS ?
1. Laws were enacted by Britishers ,Whether they are Good or Bad is another Question.
2. First thing is, The objective behind old Criminal laws was to exploit the Resources of
India and to suppress the Revolt of Freedom movement.
3. Along with this Home Minister Sh. Amit Shah said in the Parliament that there are more
than “400 mentions” of British Crown in existing Laws, which shows the Colonial slavery
after 75 Years of Independence.
4. Apart from this, the existing laws are not Gender Neutral, and
5. Complicated Structure, which are addressed in New laws.
 WHETHER AMENDMENT OF EXISTING
LAWS COULD HAVE BETTER ?

1. The response to that is by amendment and modification we can not change the principle of the act.

2. For example : If a cloth is torn from place to place ,How many time we can ruffle it ?

3. Its better to buy a new cloth.

4. Its also worth noting that existing laws had a lot colonial references and the whole structure is very

scattered.

5. Therefore, by taking note of needs of the society(to address the new crimes and to upgrade the trial

procedure) and to enhance the justice system of India Government proposed the new Criminal bills.
WHAT WAS THE NEED?
WHAT WAS THE NEED? Tackling Emerging
Crimes
• Shedding 160-year-old
colonial baggage. • Combating terrorism,
• Aligning criminal law with organised crime, and
Indian values and ethos. cybercrime more
effectively.
Modernizing Outdated • Addressing new forms of

Provisions social and economic

•offences.
Emphasis on victim
• Updating archaic language
protection, compensation,
and
and rehabilitation
concepts.
• Reflecting contemporary
social realities and
 WHAT’S NEW IN NEW CRIMINAL
BILLS
Let’s begin with Difference between :-

Indian Penal Code,1860 and Bhartiya Nyaya Sahinta Bill,2023.

NUMBER OF SECTIONS :
• INDIAN PENAL CODE, 1860 • BHARTIYA NYAYA SAHINTA
BILL,2023
IPC,1860 has total of 511
BNS,2023 has total of 358
sections
sections
 IPC BNS

“Movable property”.—The words “Movable property” includes property of

“movable property” are intended to every description, except land and
include corporeal property of every things attached to the earth or
description, except land and things permanently fastened to anything which
attached to the earth or permanently is attached
Will include to theassets
intangible [Link]
fastened to anything which is attached patents, copyrights etc.
to the earth.
CHANGES:-
INDIAN PENAL CODE TO BHARATIYA
NYAYA SANHITA

• BNS contains 358 sections in 20

chapters while IPC has 511 sections
in 23 chapters.
• 20 new offences have been added
in the Bharatiya Nyaya Sanhita
(BNS)

• 19 provisions that existed in IPC

have been deleted

• In 33 offences the punishment of

imprisonment has been increased
 CHANGES:-

I. It has been discussed to modify around 175 sections

II. 8 new provisions will be added
III. 22 sections has been told to be removed
 PROVISIONS REMOVED BY THE NEW BILL

SR. NO. SECTIONS DESCRIPTION

1. Section 14 Servant of Government

2. Section 18 India

3. Section 29 A Electronic Record

4. Section 50 Sections

5. Section 53 A Construction of reference to transportation

6. Section 124 A Sedition

7. Section 153 AA Punishment for knowledge carrying arms in any procession

8. Section 254 Delivery of coin as genuine, which when first possessed, delivered did not know to be altered.

9. Section 264 to 267 Offences related to weights and measures

10. Section 309 Attempts to commit suicide

11. Section 310 to 311 Thug and punishment for thug

12. Section 376DA & 376DB Gang rape on women under the age of 16 and 12 respectively

13. Section 377 Sexual intercourse against the order of nature

14. Section 444 Lurking house trespass at night

15. Section 446 Housebreaking at night

16. Section 497 Adultery

PROVISIONS ADDED IN
BHARATIYA NYAYA
SANHITA,2023
 4
Abetment outside India for offence in
8
India.

6 Sexual intercourse by employing

9 deceitful means, etc.

ADDITION 70(2
woman under eighteen years of
age is raped by one or more
S
)
persons

Hiring, employing or engaging a

9
child to commit an
5
offence.

103(2 Mob
) Lynching
 106(2
Causing death by
)
negligence

11 Organised
1 crime.

ADDITION 11 Petty organised

S
2 crime

11 Terrorist
3 act.

Acts endangering sovereignty,

15
unity and integrity of
2
India.
SECTION 48-
ABETMENT OUTSIDE INDIA FOR
OFFENCE IN INDIA

A person abets an offence within the meaning of this Sanhita who, without and
beyond India, abets the commission of any act in India which would
constitute an offence if committed in India.
SECTION 49-
PUNISHMENT OF ABETMENT IF ACT ABETTED IS
COMMITTED IN CONSEQUENCE AND WHERE NO
EXPRESS PROVISION IS MADE FOR ITS PUNISHMENT

Whoever abets any offence shall, if the act abetted is committed in

consequence of the abetment, and no express provision is made by this Sanhita
for the punishment of such abetment, be punished with the punishment
provided for the offence.
SECTION 69-
SEXUAL INTERCOURSE BY EMPLOYING
DECEITFUL MEANS, ETC

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.
SECTION 69-
SEXUAL INTERCOURSE BY EMPLOYING
DECEITFUL MEANS, ETC

Explanation:-

“deceitful means”shall include inducement for, or

false promise of employment or promotion, or
marrying by suppressing identity.
SECTION 70(2)-
WOMAN UNDER 18 YEARS OF AGE IS RAPED BY
ONE OR MORE PERSONS

Where a woman under 18 years of age is raped by one or more persons

constituting a group or acting in furtherance of a common intention, each of
those persons shall be deemed to have committed the offence of rape and shall
be punished with imprisonment for life, which shall mean imprisonment for
the remainder of that person’s natural life, and with fine, or with death
SECTION 95-
HIRING, EMPLOYING OR ENGAGING A CHILD
TO COMMIT AN OFFENCE.

Whoever hires, employs or engages any child to commit an offence shall be

punished with imprisonment of either description which shall not be less than
three years but which may extend to ten years, and with fine;
and punished
be if the with
offence be committed
the punishment shall for
provided alsothat offence as if the
offence has been
committed by such person himself.
SECTION 103(2)- MOB LYNCHING

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 similar ground each member of such group shall be
punished with death or with imprisonment for life, and shall also be liable to
fine.
SECTION 107- Voluntarily causing
grievous hurt.

(3) Whoever commits an offence under sub-section (1) and in the course of such
commission causes any hurt to a person which causes that person to be in
permanent disability or in persistent vegetative state, shall be punished with
rigorous imprisonment for a term which shall not be less than ten years but which
may extend to imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life.
SECTION 107- Voluntarily causing
grievous hurt.

(4) When a group of five or more persons acting in concert, causes grievous hurt
to a person on the ground of his race, caste or community, sex, place of birth,
language, personal belief or any other similar ground, each member of such
group shall be guilty of the offence of causing grievous hurt, and shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Top Changes Made by Bharatiya Nyaya Sanhita (BNS)
vis-à-vis Indian Penal Code (IPC)
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

[Link] [New offence u/s 304 of BNS]

The above changes are explained in detail as under:

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

Death;
Imprisonment for life;
Imprisonment which is of two descriptions–rigorous and simple;
Forfeiture of property and
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 BNS 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.
COMMUNIT
Y SERVICE
SITUATIONS WHERE
COMMUNITY SERVICE CAN
BE GIVEN..

1 2 3 4 5
Public Attempt to In Case Of Misconduct Defamati
servant commit Theft First in public by on
unlawfully suicide to time a
engaging compel or less then drunken
in trade. restrain 5000 return person
 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

Section 209 Bharatiya Nagarik Suraksha Sunhita 2023.
 Attempt to commit suicide to compel or restraint exercise of
Section 226 lawful power.

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

Section 355 Misconduct in public by a drunken person.

Section 356 Defamation

 Punishme
nt
Imprisonme
Deat
h nt for
life

Forfeiture
Imprisonme of Fin
nt- property e

Rigorous
Simple
 IMPORTANT

111 112 113

Petty
Organise Terrorist Act
Organise
d
d Crime
Crime
 SSECTIO
ECTIO N N111
111 - -
OR G ANI SE
O RGAN D D CRIM
ISE CRIMEE
Any continuing unlawful activity including kidnapping, robbery, vehicle theft,
extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of
persons, drugs, weapons or illicit goods or services, human trafficking for prostitution
or ransom, 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, by use of
violence, threat of violence, intimidation, coercion, or by any other unlawful means to
obtain direct or indirect material benefit including a financial benefit, shall constitute
organised crime.
 KEY POINTS

continui means an activity prohibited by law

means a group of two or more
Organised ng which is a cognizable offence
persons who, acting either singly
Crime unlawful punishable with imprisonment of three
or jointly, as a syndicate or gang
Syndicate activity years or more, undertaken by any
indulge in any continuing
person, either singly or jointly, as a
unlawful activity
member of an organised crime
syndicate
• If such offence has resulted in the
death
any of
person, be punished with
Economic includes criminal breach of trust,
Offence Punishme death or imprisonment for life
forgery, counterfeiting of currency-
nt • In any other case, be punished with
notes, bank- notes and
imprisonment for a term which shall
Government stamps, hawala
not be less than five years but
transaction, mass-marketing fraud
which may extend to imprisonment
or running any scheme to defraud
for life
several persons
Sectio n
112
Petty
Organise
d 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.
 SECTION
112
EXPLANATION PUNISHMENT
—For the purposes of this sub- Imprisonment for a term which shall
section "theft" includes trick theft,
not be less than one year but which
theft from vehicle, dwelling house or
may extend to seven years, and shall
business premises, cargo theft, pick
also be liable to fine
pocketing, theft through card
skimming, shoplifting and theft of
Automated Teller Machine.
Sectio n r
W h oev e d oe s
any
with
the
threaten
in t e n t
to
the

113
Te rr oris t 0 ithreaten
n t e g r i at cyt , or s o v eunity,
i g n t y , likely
economic to
security
re security,
of India or with o

1 intent to strike terror or likely to r

Ac t strike
terror in the people or any the
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 0
substance (whether biological,
radioactive, nuclear or 2
otherwise) of a hazardous
nature or by any other means of
whatever nature to cause or
likely to cause,
 death of, or injury to, any person or persons

loss of, or damage to, or destruction of, property

SECTION disruption of any supplies or services essential to the

life of the community in India or in any
113 foreign country

damage to, the monetary stability of India by way of

production or smuggling or circulation of counterfeit
Indian paper currency

damage or destruction of any property in India or in a

foreign country used or intended to be used for the
defence of India
 (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

Punishme
nt
(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
 Addition
s
22 30
6 4
Snatchin
Attempt to commit
g
suicide to compel or
restrain exercise of
lawful power.
 Major
Deletions
Section- Section 377- Section-
124A Sexual 497
Sedition intercourse Adultery
against the order Whoever has sexual

Whoever by words or
of nature intercourse with a person who
This Section is and whom he knows or has
otherwise, brings or
penalised reason to believe to be the
attempts to bring into
the wife of another man, without
hatred or contempt, or Homosexuali the consent or connivance of
excites or attempts to ty that man, such sexual
excite disaffection
intercourse not amounting to
towards, the
the offence of rape, is guilty of
Government established
the offence of adultery
by law in India
 376 Punishment for gang rape on woman
DA under sixteen years of age

OTHER 376 Punishment for gang rape on woman

DELETIONS DB under twelve years of age

44 Lurking house-trespass by
4 night

44 House-breaking by
6 night
Gende New Form
r Of
Neutr Punishment
al
Re-
Cap
Changes New
Offences
in
Sections
THAN
K
YOU