Understanding The Core Provisions Of The Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita Bill, 2023, was introduced in the Lok Sabha on August 11, 2023, with the primary purpose of revamping the existing Indian Penal Code, 1860, as well as two other laws aimed at replacing the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. This summary highlights the principal changes proposed by the Bill to the IPC, referring to “Clauses” as “Sections” for clarity.

In essence, the Bill proposes considerable changes, such as simplifying several IPC rules to reduce their length (356 sections compared to the existing 511 parts). It also creates new offenses like hate speech and terrorism. Additionally, the Bill defines sedition as acts that jeopardize India’s sovereignty, unity, and integrity.

Core Provisions of the Bhartiya Nyaya Sanhita

• Bharatiya Nyaya Sanhita has been simplified, with only 358 sections replacing the 511 sections of the IPC, 1860.
• All three incomplete category offenses, i.e. Attempt, Abetment, and Conspiracy, are combined into one (Chapter IV OF ABETMENT, CRIMINAL CONSPIRACY, AND ATTEMPT) (Section 45-62) of the BNS, 2023. Earlier, these offenses were part of various chapters.
• The Bharatiya Nyaya Sanhita (BNS), 2023 establishes uniformity in the use of the term ‘child’ by substituting terms such as minor and ‘child under the age of eighteen years’ throughout the legislation. This simplification and standardization aim to promote clarity and consistency in the legal language, ensuring a more straightforward interpretation and application of rules affecting people under the age of eighteen.
• The new Bharatiya Nyaya Sanhita (BNS), 2023 law makes significant changes to the way persons can be punished. For the first time, they may be required to perform ‘Community Service’ as part of their penalty under Section 4 of the Bharatiya Nyaya Sanhita. This means that if someone commits a minor offense, such as failing to show up on time, attempting to harm themselves to control a public servant, stealing a small amount after returning stolen items, misbehaving in public while drunk, spreading false and harmful information about someone (defamation), and a few others, they may be required to perform community service as a punishment.
• The Bharatiya Nyaya Sanhita (BNS), 2023, has added a new law (Section 48) that states that if someone from outside India intends and assists in committing a crime in India, it is now deemed a crime.
• A new offense has been added to Section 69 of the Bharatiya Nyaya Sanhita (BNS) of 2023 for engaging in sexual intercourse based on false promises of marriage, employment, promotion, or hiding one’s identity. This provision acts as a disincentive to those who employ deceptive tactics, such as false promises or identity concealment, to secure women’s consent for sexual conduct.
• The Bharatiya Nyaya Sanhita (BNS), 2023, adds a new offence of snatching,’ filling a void in the IPC, 1860. Previously, police might categorize such incidents as ‘theft’ or ‘robbery.’
• The age distinction for sentencing in situations of group rape of a minor girl has been abolished. Section 70(2) now imposes life imprisonment (for the rest of the offender’s natural life) or the death sentence for the crime of gang rape perpetrated against a woman under the age of 18 years.
• Sections 76 and 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, make the offenses of assault or using unlawful force to disrobe a woman and voyeurism gender-neutral.
• Section 95 of the Bharatiya Nyaya Sanhita (BNS) 2023 criminalizes the act of hiring, employing, or engaging a child to commit an offense. The clause includes a minimum sentence of seven years, which can be extended to ten years.
• Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) 2023 includes a measure to combat the growing number of hit-and-run incidents. This provision makes it a punishable offense for an individual who causes the death of another person via recklessness or negligence while driving and then flees the scene without telling a police officer or magistrate.
• Sections 111 and 113 of the Bharatiya Nyaya Sanhita (BNS) 2023 address organized crime and terrorist crimes by instituting deterrent sanctions. These sections discuss the commission, attempt, abetment, and conspiracy of organized crimes and terrorist acts.

The primary provisions and modifications in the BNS indicate a move towards modernization and responsiveness to societal requirements. Notably, the inclusion of community work as a form of punishment reflects a forward-thinking strategy that seeks not only punishing measures but also beneficial contributions to society.

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