“Law Master’s Publications”
‘Introduction to BNS.’
Prof. Santosh D. Bhosale
21
(..4..)
Introduction to Bharatiya Naya Sanhita, 2023
Qutestion Bank
Q.1. What are the Objectives, structure and changes brought by the BNS in IPC?
SYNOPSIS
I. Introduction-
II. Structure of Bharatiya Naya Santhita, 2023-
III. Objective and Purposes of BNS-
IV. The Changes brought by the BNS, 2023, than IPC 1860-
1. Structural Simplification and Consolidation:
2. New Offences Introduced:
a. Organised Crime (Section 111):
b. Petty Organised Crime (Section 112):
c. Terrorist Act (Section 113):
d. Murder by a Group (Mob Lynching) (Section 103(2)):
“Law Master’s Publications”
‘Introduction to BNS.’
Prof. Santosh D. Bhosale
22
3. Repealed and Modified Offences:
a. Sedition:
b. Adultery (IPC Section 497) has been omitted from the BNS.
c. Unnatural Offences (IPC Section 377) has been removed
d. Attempt to Commit Suicide (IPC Section 309) is no longer an offence in
general.
e. Murder by a Life Convict:
f. Cruelty by Husband or Relatives (IPC Section 498A) -
4. Changes in Punishment and Penalties:
a. Community Service (Section 4(f))-
b. Increased Penalties:
c. Causing Death by Negligence (Section 106):
5. Focus on Gender Sensitivity and Victim Justice:
a. Gender Neutrality:
b. Increased Age Threshold:
c. Sexual Intercourse by Deceitful Means (Section 69):
d. Victim-Centric Approach:
6. Overlap and Ambiguity:
V. Conclusion-
***
I. Intorduction-
The Bharatiya Nyaya Sanhita (BNS), 2023, is the official criminal code of India
and forms a crucial part of a significant overhaul of the country's criminal justice system.
It officially came into effect on 1st July 2024, replacing the colonial-era Indian Penal
Code (IPC) of 1860. This Act aims to "consolidate and amend the provisions relating to
offences and for matters connected therewith or incidental thereto", intending to modernise
and streamline the legal framework. A primary objective of the BNS, as expressed by the
Union Minister of Home Affairs, is to prioritise justice for victims, moving away from
the penal nature of the IPC and reflecting the contemporary aspirations of the Indian
people.
The BNS introduces several key changes to India's substantive criminal law. It
comprises 358 sections across 20 chapters, a significant reduction from the IPC's 511
sections, achieved by streamlining and merging scattered provisions and definitions into
fewer, more compact sections. A notable reform is the introduction of community service
as a new form of punishment for certain offences. The BNS also introduces new offences,
including organised crime, petty organised crime, and terrorism, and criminalises murder
“Law Master’s Publications”
‘Introduction to BNS.’
Prof. Santosh D. Bhosale
23
by a group of five or more persons on specific identity grounds (often referred to as mob
lynching). While the controversial sedition law (Section 124A of IPC) has been removed,
it is replaced by a new offence for acts endangering India's sovereignty, unity, and integrity.
Additionally, it increases penalties for 33 offences, fines for 83 offences, and introduces
mandatory minimum punishments for 23 offences. The BNS also attempts to introduce
gender neutrality in some provisions, such as "Procuration of child" (Section 96) and
provisions related to disrobing and voyeurism (Sections 76 and 77), although certain
offences like rape remain gender-specific.
II. Structure of Bharatiya Naya Santhita, 2023-
The Bharatiya Nyaya Sanhita (BNS), 2023, is structured as India's official criminal
code, replacing the Indian Penal Code (IPC) of 1860. It is comprised of 358 sections
distributed across 20 chapters, a significant reduction from the IPC's S. 511 sections.
This streamlining was achieved by consolidating and merging scattered provisions and
definitions; for instance, many definitions are now compiled under Section 2, and
punishment provisions are compacted into Sections 4 to 13. The overall structure of the
BNS is similar to that of the IPC, retaining a logical flow of chapter arrangement. Important
chapters include Chapter I: Preliminary (Sections 1-3), Chapter II: Of Punishments
(Sections 4-13), Chapter III: General Exceptions (Sections 14-44), Chapter XI: Of
Offences Against the Public Tranquillity (Sections 189-197), Chapter XII: Of
Offences By or Relating to Public Servants (Sections 198-205), and Chapter XVII: Of
Offences against Property (Sections 303-334). The re-arrangement and reduction aim to
make the law simpler and more accessible. The final Chapter XX: Repeal and Savings
1 Here is a list of the chapters in the Bharatiya Nyaya Sanhita, 2023, which you can reference:
Chapter 1: Preliminary
Chapter 2: Of Punishments
Chapter 3: General Exceptions
Chapter 4: Of Abetment, Criminal Conspiracy and Attempt
Chapter 5: Of Offences Against Women and Children
Chapter 6: Of Offences Affecting the Human Body
Chapter 7: Of Offences Against the State
Chapter 8: Of Offences Relating to the Army, Navy and Air Force
Chapter 9: Of Offences Relating to Elections
Chapter 10: Of Offences Relating to Coins, Bank Notes, Currency Notes and Government Stamps
Chapter 11: Of Offences Against the Public Tranquillity
Chapter 12: Of Offences by or Relating to Public Servants
Chapter 13: Of Contempt of Lawful Authority of Public Servants
“Law Master’s Publications”
‘Introduction to BNS.’
Prof. Santosh D. Bhosale
24
III. Objective and Purposes of BNS-
The Bharatiya Nyaya Sanhita (BNS), 2023, serves as India's new official criminal
code. It represents a significant legislative endeavour to "consolidate and amend the
provisions relating to offences and for matters connected therewith or incidental
thereto". A primary objective of the BNS, as articulated by the Union Minister of Home
Affairs, is to modernise and streamline India's criminal justice system. This new code
aims to prioritise justice for victims, marking a deliberate shift from the punitive or penal
nature of the replaced Indian Penal Code (IPC) of 1860, and instead reflecting the
contemporary aspirations of the Indian populace. The BNS is part of a broader overhaul of
India's criminal laws, alongside the Bharatiya Nagarik Suraksha Sanhita (BNSS) and
Bharatiya Sakshya Adhiniyam (BSA), designed to enhance transparency, accountability,
and efficiency within the legal framework.
To achieve these objectives, the BNS introduces several important structural and
substantive changes. A significant reform is the introduction of community service as a
new form of punishment for certain offences. The BNS also criminalises several new
offences, including organised crime, petty organised crime, and terrorism, alongside
explicitly criminalising murder or grievous hurt by a group of five or more persons on
specific identity grounds (often referred to as mob lynching). While the controversial
sedition law from the IPC has been removed, it is replaced by a new offence for acts
endangering India's sovereignty, unity, and integrity. Furthermore, the BNS increases
penalties for 33 offences, fines for 83, and introduces mandatory minimum punishments
for 23 offences. It also attempts to introduce gender neutrality in provisions such as
"sexual intercourse by employing deceitful means" (Section 69) and certain offences
related to disrobing and voyeurism (Sections 76 and 77), and the offence of hiring a child
to commit an offence (Section 95).
IV. The Changes brought by the BNS, 2023 than IPC 1860-
The Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant overhaul of India's
criminal justice system. It officially replaces the Indian Penal Code (IPC) of 1860. This
Chapter 14: Of False Evidence and Offences Against Public Justice
Chapter 15: Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
Chapter 16: Of Offences Relating to Religion
Chapter 17: Of Offences Against Property
Chapter 18: Of Offences Relating to Documents and to Property Marks
Chapter 19: Of Criminal Intimidation, Insult, Annoyance, Defamation, etc.
Chapter 20: Repeal and Savings
“Law Master’s Publications”
‘Introduction to BNS.’
Prof. Santosh D. Bhosale
25
legislative endeavour is designed to modernise and streamline the legal framework,
with a primary objective to prioritise justice for victims, shifting from the punitive nature
of the IPC to reflect contemporary aspirations of the Indian people. The BNS is part of a
broader set of reforms, alongside the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the
Bharatiya Sakshya Adhiniyam (BSA), which replace the Criminal Procedure Code (CrPC)
and the Indian Evidence Act, respectively.
The changes brought by the BNS, 2023, are multifaceted, affecting both the
structure and the substantive provisions of India's criminal law:
1. Structural Simplification and Consolidation:
The BNS reduces the total number of sections to 358 across 20 chapters, a notable
streamlining from the IPC's 511 sections. This was achieved by merging and compacting
numerous scattered provisions; for example, definitions previously spread across IPC
Sections 6 to 52A are now largely compiled under BNS Section 2 (comprising 39
subsections), and punishment provisions (IPC Sections 53-75) are condensed into BNS
Sections 4-13. The new arrangement of chapters is also considered to provide a more
logical flow, with an increased focus on categories like offences against women and
children, followed by offences against the human body and the state.
2. New Offences Introduced:
The BNS introduces several new criminal acts to address evolving societal
challenges:
a. Organised Crime (Section 111):
This includes a range of activities such as kidnapping, extortion, contract killing,
land grabbing, financial scams, and cybercrime carried out by a crime syndicate.
b. Petty Organised Crime (Section 112):
Covers common street crimes like vehicle theft, pickpocketing, snatching, and
unauthorized selling of public examination question papers or tickets, which cause a
general feeling of insecurity. Snatching itself is specifically introduced as a new offence
under Section 304.
c. Terrorist Act (Section 113):
Defined as an act intending to threaten the unity, integrity, and security of the
country, intimidate the general public, or disturb public order through various means
including explosives and counterfeiting currency.
d. Murder by a Group (Mob Lynching) (Section 103(2)):
Specifically criminalises murder committed by a group of five or more persons acting
in concert on grounds of race, caste, community, sex, place of birth, language, or personal
belief.
“Law Master’s Publications”
‘Introduction to BNS.’
Prof. Santosh D. Bhosale
26
3. Repealed and Modified Offences:
a. Sedition:
The controversial IPC Section 124A (Sedition) has been removed. It is replaced
by a new offence under Section 152 for acts endangering India's sovereignty, unity, and
integrity, which penalises exciting or attempting to excite secession, armed rebellion, or
subversive activities.
b. Adultery (IPC Section 497) has been omitted from the BNS.
c. Unnatural Offences (IPC Section 377) has been removed, which means rape of adult
males and bestiality are no longer offences under this code.
d. Attempt to Commit Suicide (IPC Section 309) is no longer an offence in general.
However, Section 226 introduces a new specific offence for attempt to commit suicide
to compel or restrain a public servant from discharging official duty.
e. Murder by a Life Convict:
The previous IPC Section 303, which mandated only the death penalty for murder
by a life convict, was unconstitutional. BNS Section 104 now provides death or life
imprisonment, rectifying this infirmity and making it constitutionally sound.
f. Cruelty by Husband or Relatives (IPC Section 498A) has been divided into BNS
Sections 85 and 86, with the provisions remaining verbatim.
4. Changes in Punishment and Penalties:
a. Community Service (Section 4(f))-
It has been introduced as a new form of punishment for certain minor offences.
b. Increased Penalties:
The BNS increases the maximum punishment for 33 offences, fines for 83 offences,
and introduces mandatory minimum punishments for 23 offences.
c. Causing Death by Negligence (Section 106):
The punishment for this offence has been enhanced, particularly with Section 106(2)
penalising hit-and-run cases with imprisonment up to 10 years if the incident is not reported
to authorities.
5. Focus on Gender Sensitivity and Victim Justice:
a. Gender Neutrality:
The BNS attempts to introduce gender neutrality in certain provisions by using
"whoever" instead of specifying gender, such as in offences related to disrobing (Section
76) and voyeurism (Section 77). Section 95 on "Hiring, employing or engaging a child to
commit an offence" and Section 141 concerning "Importation of girl or boy" have also
been made gender-neutral.
“Law Master’s Publications”
‘Introduction to BNS.’
Prof. Santosh D. Bhosale
27
b. Increased Age Threshold:
For gang rape, the age threshold for the victim to be classified as an adult has been
raised from 16 to 18 years.
c. Sexual Intercourse by Deceitful Means (Section 69):
This new provision criminalises sexual intercourse obtained by deceitful means or
a false promise of marriage, which does not amount to rape.
d. Victim-Centric Approach:
The BNS aims to prioritise justice for victims, including provisions for victim
compensation and support, and measures for increased transparency and accountability in
law enforcement through digitisation and videography.
6. Overlap and Ambiguity:
Despite the comprehensive changes, some criticisms highlight potential overlaps
with existing special laws (e.g., organised crime and terrorism) and ambiguities in new
definitions like "subversive activities" and "petty organised crime," which could lead to
inconsistent application or curtailment of freedoms. Furthermore, the BNS retains the
marital rape exception.
These changes reflect a legislative intent to align India's criminal laws with
contemporary needs, addressing new forms of crime, streamlining processes, and
enhancing victim protection, while also attempting to shed colonial-era influences.
V. Conclusion-
The Bharatiya Nyaya Sanhita (BNS), 2023, represents a monumental legislative
endeavour to modernise and overhaul India's criminal justice system, officially
replacing the colonial-era Indian Penal Code (IPC) of 1860 from 1st July 2024. Its core
purpose is to "consolidate and amend the provisions relating to offences and for
matters connected therewith or incidental thereto". The BNS aims to shift the focus
from a punitive or penal system to one that prioritises justice (Nyaya) for victims,
reflecting the contemporary aspirations of the people. Important changes include the
introduction of new offences such as organised crime, petty organised crime, terrorist acts,
and murder or grievous hurt by a group of five or more persons (often termed mob
lynching). The BNS also introduces community service as a new form of punishment
and has removed or modified controversial provisions like sedition (IPC Section 124A,
now replaced by BNS Section 152 for acts endangering sovereignty, unity, and integrity),
adultery (IPC Section 497), and generally, attempt to commit suicide (IPC Section 309,
except for specific cases compelling public servants under BNS Section 226). Additionally,
it attempts to introduce gender neutrality in several provisions and enhances penalties for
numerous offences. While aiming for greater efficiency and improved conviction rates, the
“Law Master’s Publications”
‘Introduction to BNS.’
Prof. Santosh D. Bhosale
28
implementation of these new laws also faces challenges related to infrastructure,
manpower, and definitional ambiguities.
*****
References-
1. Bharatiya Nyaya Sanhita 2023 | BNS MCQs and Concept | All State Judiciary | Lec-34
| By Amit Sir “https://www.youtube.com/watch?v=ciKpCioVIWs
2. THE BHARATIYA NYAYA SANHITA, 2023- ARRANGEMENT OF SECTION-
3. Bharatiya Nyaya Sanhita, https://en.wikipedia.org/wiki/Bharatiya_Nyaya_Sanhita
4. Bharatiya Nyaya Sanhita 2023| Introduction to BNS-01 | BNS Vs IPC | Judiciary By PW
nyaya-sanhita-a-brief-introduction/
6. Bharatiya Nyaya Santhita, 2023 (Offences and Penelties) a commentary by. J.K. Verma