The Bharatiya Nyaya Sanhita (BNS) is the official criminal code in the Republic of India. It was introduced in December 2023 to replace the Indian Penal Code (IPC), which dated back to the period of British India.
| Bharatiya Nyaya Sanhita | |
|---|---|
 | |
| Parliament of India | |
| |
| Citation | Act No. 45 of 2023 |
| Territorial extent |  India |
| Passed by | Lok Sabha |
| Passed | 20 December 2023 |
| Passed by | Rajya Sabha |
| Passed | 21 December 2023 |
| Assented to by | President of India |
| Assented to | 25 December 2023 |
| Legislative history | |
| First chamber: Lok Sabha | |
| Bill title | The Bharatiya Nyaya (Second) Sanhita Bill, 2023 |
| Bill citation | Bill No. 173 of 2023 |
| Introduced by | Home Minister, Amit Shah |
| Introduced | 12 December 2023 |
| Committee responsible | Parliamentary Standing Committee |
| Passed | 20 December 2023 |
| Voting summary |
|
| Second chamber: Rajya Sabha | |
| Bill title | The Bharatiya Nyaya (Second) Sanhita Bill, 2023 |
| Received from the Lok Sabha | 20 December 2023 |
| Member(s) in charge | Home Minister, Amit Shah |
| Passed | 21 December 2023 |
| Voting summary |
|
| Final stages | |
| Finally passed both chambers | 21 December 2023 |
| Repeals | |
| Indian Penal Code | |
| Related legislation | |
| Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Act, 2023 | |
| Summary | |
| The bill seeks to replace the entire Indian Penal Code and to provide a new approach for penalties and punishments for crimes defined under a new pattern. | |
| Status: In force | |
Background and timeline edit
- 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- On 12 December 2023, the Bharatiya Nyaya Sanhita Bill, 2023 was withdrawn.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.[1]
- On 20 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was passed in Lok Sabha.[2]
- 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.[3]
Changes edit
In the BNS, 20 new offences have been added to and 19 provisions in the repealed IPC have been dropped.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.[4]
- 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 a major, 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.[citation needed]
Structure edit
The Bharatiya Nyaya Sanhita comprises 20 chapters and 358 sections. Its structure is similar to that of the IPC. The outline of the Sanhita is as follows:[5][6]
| 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 97 | Of Offences against Women and Children
|
| Chapter 6 | Clauses 98 to 144 | Of Offences Affecting the Human Body
|
| Chapter 7 | Clauses 145 to 156 | Of Offences Against the State |
| Chapter 8 | Clauses 157 to 166 | Of Offences Relating to the Army, Navy and Air Force |
| Chapter 9 | Clauses 167 to 175 | Of Offences Relating to Elections |
| Chapter 10 | Clauses 176 to 186 | Of Offences Relating to Coins, Bank Notes, Currency Notes and Government Stamps |
| Chapter 11 | Clauses 187 to 195 | Of Offences Against the Public Tranquility |
| Chapter 12 | Clauses 196 to 203 | Of Offences by Or Relating to Public Servants |
| Chapter 13 | Clauses 204 to 224 | Of Contempt of Lawful Authority of Public Servants |
| Chapter 14 | Clauses 225 to 267 | Of False Evidence and Offences against Public Justice. |
| Chapter 15 | Clauses 268 to 295 | Of Offences affecting the Public Health, Safety, Convince, Decency and Morals |
| Chapter 16 | Clauses 296 to 300 | Of Offences Relating to Religion |
| Chapter 17 | Clauses 301 to 332 | Of Offences against Property
|
| Chapter 18 | Clauses 333 to 348 | Of Offences Relating to Documents and to Property Marks
|
| Chapter 19 | Clauses 349 to 356 | Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc
|
See also edit
References edit
- ^ "The Bharatiya Nyaya (Second) Sanhita, 2023". PRS Legislative Research. Retrieved 13 December 2023.
- ^ "LS passes Bharatiya Nyaya Sanhita Bill; Amit Shah says it focuses on justice rather than punishment". The New Indian Express. Archived from the original on 20 December 2023. Retrieved 20 December 2023.
- ^ Desk, DH Web. "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. Retrieved 25 December 2023.
- ^ News Desk, India (21 December 2023). "Explained: Bharatiya Nyaya Sanhita, the new IPC, and the concerns around it". Financial Express. Retrieved 31 December 2023.
- ^ The Bharatiya Nyaya Sanhita, 2023, PSR India, 10 August 2023
- ^ The Bharatiya Nyaya Sanhita, 2023