The Bharatiya Nyaya Sanhita, 2023 (BNS) (Indian Justice Code, 2023, IJC) is the official criminal code of India. It came into effect on 01 July 2024, after being passed by Parliament in December 2023, replacing the colonial-era Indian Penal Code of 1860 (IPC).
Background and 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- On 12 December 2023, the Bharatiya Nyaya Sanhita Bill, 2023 was withdrawn.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In the BNS, 20 new offences have been added to and 19 provisions in the repealed IPC have been dropped.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.
| Field | Details |
| Committee responsible | Scrutiny Panel of the Parliament |
| Passed | 20 December 2023 |
| Voting summary | Majority Voice voted for / Minority Voice voted against |
| Revising chamber | Rajya Sabha |
| Bill title | The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 |
| Received from | 20 December 2023 (the Lok Sabha) |
| Member(s) in charge | Home Minister, Amit Shah |
| Passed with amendments | 21 December 2023 |
| Voting summary (revising chamber) | Majority Voice voted for / Minority Voice voted against |
| Final stages: Finally passed both chambers | 21 December 2023 |
| Repeals | Criminal Procedure Code Indian Penal Code, 1860 |
| Related legislation | Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, 2023 |
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:
| Chapters | Clauses | Classification of Offences |
|---|---|---|
| Chapter 1 | Clauses 1 to 3 | Preliminary |
| Chapter 2 | Clauses 4 to 13 | Of Punishments |
| Chapter 3 | Clauses 14 to 44 | General Exceptions of the Right to Private Defence (sections 34 to 44) |
| Chapter 4 | Clauses 45 to 62 | Of Abetment, Criminal Conspiracy and Attempt |
| Chapter 5 | Clauses 63 to 99 | Of Offences against Women and ChildrenOf 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 6 | Clauses 100 to 146 | Of Offences Affecting the Human BodyOf 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 7 | Clauses 147 to 158 | Of Offences Against the State |
| Chapter 8 | Clauses 159 to 168 | Of Offences Relating to the Army, Navy and Air Force |
| Chapter 9 | Clauses 169 to 177 | Of Offences Relating to Elections |
| Chapter 10 | Clauses 178 to 188 | Of Offences Relating to Coins, Bank Notes, Currency Notes and Government Stamps |
| Chapter 11 | Clauses 189 to 197 | Of Offences Against the Public Tranquility |
| Chapter 12 | Clauses 198 to 205 | Of Offences by Or Relating to Public Servants |
| Chapter 13 | Clauses 206 to 226 | Of Contempt of Lawful Authority of Public Servants |
| Chapter 14 | Clauses 227 to 269 | Of False Evidence and Offences against Public Justice. |
| Chapter 15 | Clauses 270 to 297 | Of Offences affecting the Public Health, Safety, Convince, Decency and Morals |
| Chapter 16 | Clauses 298 to 302 | Of Offences Relating to Religion |
| Chapter 17 | Clauses 303 to 334 | Of Offences against PropertyOf 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 18 | Clauses 335 to 350 | Of Offences Relating to Documents and to Property MarksOf Documents (335 to 344)Of Property Marks (345 to 350) |
| Chapter 19 | Clauses 351 to 356 | Of Criminal Intimidation, Insult, Annoyance, Defamation, EtcIntimidation, 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 20 | Clause 358 | Repeal and Savings (358) |
Recommended Reads:
Criminal Manual (Containing Nagarik Suraksha Sanhita, Nyaya Sanhita and Sakshya Adhiniyam, 2023)
Bharatiya Nyaya Sanhita, 2023 (Offences and Penalties) Coat Pocket Edition
