Important Sections Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita (BNS), 2023, which came into effect on July 1, 2024, replacing the Indian Penal Code (IPC), 1860, introduces several significant changes while retaining much of the IPC’s core framework. Below are some of the important sections of the BNS, 2023, that reflect its key provisions, new offenses, and notable reforms. These sections are highlighted based on their legal, social, or procedural impact:
Preliminary and General Framework
Section 1: Defines the title, commencement (effective July 1, 2024), and scope of application, extending to offenses committed within India and by Indian citizens globally.
Section 2: Provides definitions for key terms, including a modernized approach to gender (covering male, female, and transgender) and digital documents, ensuring clarity across the code.
Section 4: Outlines punishments, introducing community service as a reformative penalty for minor offenses, alongside traditional punishments like imprisonment and fines.
Offenses Against the State
Section 152: Replaces the IPC’s sedition law (Section 124A) with a broader offense for acts endangering India’s sovereignty, unity, and integrity (e.g., secession, armed rebellion, subversive activities). Punishment includes life imprisonment or up to 7 years with a fine.
Offenses Affecting the Human Body
Section 103: Covers murder, retaining the IPC’s provisions but adding specific grounds (e.g., murder by a group based on identity markers like caste or language under Section 103(2)), with penalties of death, life imprisonment, or imprisonment of at least 7 years.
Section 106: Addresses death by negligence, with Section 106(1) increasing punishment to up to 5 years (2 years for doctors), and Section 106(2) prescribing up to 10 years for hit-and-run cases if the accused flees without reporting (implementation currently under review).
Section 115: Defines causing hurt (up to 1 year imprisonment or fine) and grievous hurt (up to 7 years), retaining IPC essentials with updated penalties.
Sexual Offenses Against Women and Children
Section 64: Defines rape, largely mirroring IPC Section 375, with imprisonment from 10 years to life.
Section 65: Enhances punishment for rape of minors under 18, with life imprisonment or death in cases of gang rape.
Section 69: Introduces a new offense—sexual intercourse by deceitful means (e.g., false promise of marriage), punishable by up to 10 years imprisonment and a fine.
Section 73: Covers outraging the modesty of a woman, with imprisonment up to 3 years.
Section 74: Addresses sexual harassment, aligning with modern contexts like workplace misconduct.
Organized Crime and Terrorism
Section 111: Introduces organized crime as a distinct offense (e.g., kidnapping, extortion, cybercrime by syndicates), with penalties ranging from 5 years to life imprisonment, or death if it results in death, plus a fine.
Section 113: Defines terrorism as acts threatening India’s unity, integrity, or security, or striking terror, with punishment from 5 years to life imprisonment and a fine.
Property Offenses
Section 303: Redefines theft and introduces “snatching” as a specific offense (Section 304), where sudden or forcible theft carries up to 7 years imprisonment.
Section 310: Addresses robbery, retaining IPC provisions with updated penalties.
Other Notable Provisions
Section 70: Specifies gang rape of a minor under 18, with life imprisonment (remainder of natural life) or death.
Section 112: Defines petty organized crime (e.g., pickpocketing, small-scale theft rings), punishable by up to 7 years—a new category not explicitly in the IPC.
Section 143: Covers human trafficking, with stringent penalties reflecting contemporary concerns.
Key Changes and Themes
Community Service: Added as a punishment (e.g., for defamation, public drunkenness), promoting reform over retribution.
Gender Neutrality: Introduced in some provisions (e.g., kidnapping laws), though rape remains gendered.
Omitted Offenses: Removes IPC Section 377 (unnatural offenses), adultery (struck down earlier), and thugs (Section 310 of IPC).
Increased Penalties: Enhanced for 33 offenses, with mandatory minimums for 23 crimes.
These sections reflect the BNS’s aim to modernize India’s criminal justice system, address contemporary challenges like terrorism and organized crime, prioritize offenses against women and children, and move away from colonial frameworks. However, some provisions (e.g., vague definitions in organized crime or terrorism) have sparked debate over potential misuse, suggesting areas for judicial interpretation or future refinement.
The Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the Indian Penal Code (IPC) and came into effect on July 1, 2024, introduces several key sections that reflect a modernized approach to criminal justice in India. Below are some of the most important sections, highlighting their significance and changes from the IPC:
Key Sections of Bharatiya Nyaya Sanhita, 2023
Section 4 – Punishments (Introduction of Community Service)
This section expands the types of punishments available under the law, introducing community service as a reformative penalty for petty offenses. For example, it can be applied to offenses like defamation, public mischief by a drunken person, or failure to comply with certain legal proclamations. This marks a shift from purely punitive measures to rehabilitation.
Section 63 to 91 – Offences Against Women and Children (Chapter V)
These sections consolidate and strengthen provisions related to sexual offenses and crimes against children. Notable provisions include:
Section 64: Defines and penalizes rape, retaining the core framework from the IPC but with updated language.
Section 69: Introduces a new offense of sexual intercourse by deceitful means (e.g., false promise of marriage), punishable by up to 10 years imprisonment and a fine.
Section 70: Enhances punishment for gang rape of a minor under 18, prescribing life imprisonment (for the remainder of natural life) or death, reflecting a stricter stance.
These sections maintain a gender-specific approach to rape but introduce gender neutrality for certain child-related offenses.
Section 103 – Murder
Retains the IPC’s provisions on murder with punishments of death or life imprisonment. A new addition under Section 103(2) addresses murder by a group of five or more persons on grounds like caste, community, or language, punishable by life imprisonment or death, emphasizing hate crimes.
Section 106 – Causing Death by Negligence
Subsection (1) increases the punishment for causing death by negligence (not amounting to culpable homicide) to up to 5 years imprisonment, with a special provision for doctors limiting it to 2 years. Subsection (2), addressing hit-and-run cases, prescribes up to 10 years imprisonment if the offender flees without reporting, though its implementation was deferred due to protests.
Section 109 – Attempt to Murder
Strengthens penalties for attempts to murder, aligning them more closely with the seriousness of the completed offense, with imprisonment that can extend to life in certain cases.
Section 111 – Organised Crime
A new provision criminalizing organized crime, including activities like kidnapping, extortion, cybercrime, and trafficking. Penalties range from 5 years to life imprisonment, or death if the crime results in death, with a fine of at least 5 lakh rupees. This brings such offenses under ordinary criminal law, previously addressed by special statutes like MCOCA.
Section 113 – Terrorist Acts
Defines terrorism as acts threatening India’s unity, integrity, or security, or intended to strike terror. Punishments range from 5 years to life imprisonment, broadening the scope beyond existing special laws like the UAPA and integrating it into the general penal framework.
Section 152 – Acts Endangering Sovereignty, Unity, and Integrity of India
Replaces the IPC’s sedition law (Section 124A) with a broader offense covering secession, armed rebellion, or subversive activities. It shifts the focus from colonial suppression to protecting national integrity, with punishments up to life imprisonment or 7 years.
Section 304 – Snatching
Introduces “snatching” as a distinct offense, defined as theft involving sudden or forceful taking of movable property. It carries a penalty of up to 3 years imprisonment and a fine, addressing a common urban crime not explicitly covered in the IPC.
Section 303 – Theft (Redefined)
Redefines theft with an explanation that includes modern forms like trick theft, card skimming, and shoplifting, adapting the law to contemporary methods of crime. Punishment remains aligned with the IPC but with updated applicability.
Consolidation: The BNS reduces the number of sections from 511 in the IPC to 358, with 175 amended, 8 new sections added, and 22 repealed, making the law more concise.
Removal of Outdated Provisions: Offenses like adultery (struck down by the Supreme Court in 2018) and Section 377 (unnatural offenses, partially decriminalized) are omitted, reflecting judicial and societal evolution.
Gender Neutrality: While rape laws remain gender-specific, certain provisions (e.g., kidnapping of minors) adopt gender-neutral language.
These sections reflect the BNS’s objectives: modernizing criminal law, addressing emerging threats like terrorism and organized crime, enhancing protections for vulnerable groups, and moving away from colonial frameworks toward a justice-oriented system. However, some provisions, like those on organized crime and terrorism, have been critiqued for vague definitions, potentially risking misuse.
The Bharatiya Nyaya Sanhita (BNS), 2023, is a comprehensive criminal code that replaced the Indian Penal Code (IPC), 1860, and came into effect on July 1, 2024. It consists of 358 sections organized into 20 chapters, addressing a wide range of offenses, punishments, and legal provisions. Below is a curated list of 100 important sections from the BNS, 2023, highlighting key provisions that reflect its scope, modern updates, and significant changes from the IPC. These sections are selected based on their relevance to major offenses, new inclusions, procedural aspects, and societal impact. Note that this list is not exhaustive but focuses on notable sections for understanding the framework of the BNS.
Chapter I: Preliminary
Section 1: Short title, commencement, and application of the code.
Section 2: Definitions of key terms (e.g., “gender,” “document,” “offence”).
Section 3: General explanations for interpreting provisions and exceptions.
Chapter II: Of Punishments
Section 4: Types of punishments (e.g., death, imprisonment, fine, community service).
Section 6: Imprisonment for non-payment of fine.
Section 8: Enhanced punishment for repeat offenders.
Section 10: Punishment in cases not specified (up to 7 years imprisonment).
Chapter III: General Exceptions
Section 14: Acts done by a child under 7 years of age (no criminal liability).
Section 18: Acts done by a person of unsound mind.
Section 20: Acts done under intoxication (involuntary only as a defense).
Section 34: Right of private defense of body and property.
Section 38: Right of private defense against an act of a person of unsound mind.
Chapter IV: Of Abetment, Criminal Conspiracy, and Attempt
Section 48: Abetment outside India for an offense in India.
Section 55: Punishment for abetment if the act is not committed.
Section 61: Criminal conspiracy defined and punishable.
Section 63: Attempt to commit offenses (punishable with up to half the term of the offense).
Chapter V: Of Offenses Against Women and Children
Section 64: Punishment for rape (minimum 10 years, up to life).
Section 65: Rape of a woman under 16 years (minimum 20 years, up to life).
Section 66: Gang rape (minimum 20 years or life imprisonment).
Section 69: Sexual intercourse by deceit (up to 10 years).
Section 70: Repeat offenders of sexual crimes (life imprisonment or death).
Section 73: Assault to outrage the modesty of a woman (up to 3 years).
Section 74: Sexual harassment (up to 3 years).
Section 76: Voyeurism (1-7 years).
Section 77: Stalking (up to 3 years, 7 years on subsequent conviction).
Section 79: Dowry death (minimum 7 years, up to life).
Section 87: Kidnapping a minor for begging (up to 10 years).
Section 94: Selling a child for prostitution (7-14 years).
Chapter VI: Of Offenses Affecting the Human Body
Section 101: Culpable homicide not amounting to murder (up to life or 10 years).
Section 103: Murder (death or life imprisonment).
Section 104: Murder by life convict (death or life without remission).
Section 106: Causing death by negligence (up to 5 years; 10 years if fleeing without reporting).
Section 109: Abetment of suicide (up to 10 years).
Section 115: Voluntarily causing hurt (up to 1 year or fine).
Section 117: Voluntarily causing grievous hurt (up to 7 years).
Section 118: Grievous hurt by dangerous weapons (up to 10 years or life).
Section 124: Acid attack (10 years to life).
Section 125: Attempt to murder (up to 10 years or life).
Chapter VII: Of Offenses Against the State
Section 147: Waging war against the Government of India (death or life).
Section 152: Acts endangering sovereignty, unity, and integrity of India (life or 7 years).
Chapter VIII: Of Offenses Against Public Tranquility
Section 159: Unlawful assembly (up to 6 months).
Section 163: Rioting (up to 3 years).
Section 167: Promoting enmity between groups (up to 3 years).
Section 191: Affray (up to 1 month or fine).
Chapter IX: Of Offenses by or Relating to Public Servants
Section 193: Public servant disobeying law with intent to cause injury (up to 1 year).
Section 197: Bribery by public servant (3-7 years).
Section 202: Public servant engaging in illegal trade (up to 3 years).
Chapter X: Of Contempts of Lawful Authority of Public Servants
Section 209: Non-appearance in response to a proclamation (up to 3 years).
Section 212: Furnishing false information to a public servant (up to 6 months).
Section 221: Obstructing public servant in duty (up to 6 months).
Chapter XI: Of False Evidence and Offenses Against Public Justice
Section 225: Giving false evidence (up to 7 years).
Section 229: Fabricating false evidence (up to 7 years).
Section 241: Harboring an offender (up to 5 years).
Chapter XII: Of Offenses Relating to Coin, Currency, and Government Stamps
Section 255: Counterfeiting currency (up to life or 7 years).
Section 261: Using counterfeit currency (up to 7 years).
Chapter XIII: Of Offenses Affecting Public Health, Safety, Convenience, Decency, and Morals
Section 272: Adulteration of food or drink (up to 6 months).
Section 274: Sale of noxious food or drink (up to 6 months).
Section 284: Public nuisance (fine up to ₹1,000).
Section 289: Obscene acts or songs (up to 3 months).
Chapter XIV: Of Offenses Affecting Religion
Section 295: Injuring or defiling a place of worship (up to 2 years).
Section 297: Outraging religious feelings (up to 3 years).
Chapter XV: Of Offenses Against Property
Section 301: Theft (up to 7 years).
Section 303: Theft with community service option for petty cases.
Section 305: Robbery (7-10 years).
Section 310: Dacoity (7 years to life).
Section 316: Criminal breach of trust (up to 7 years).
Section 324: Cheating (up to 3 years).
Section 326: Cheating with grievous harm (up to 7 years).
Section 329: Forgery (up to 7 years).
Section 332: Forgery of valuable security (up to life or 10 years).
Chapter XVI: Of Offenses Relating to Documents and Property Marks
Section 335: Forgery of electronic records (up to 7 years).
Section 338: Counterfeiting property marks (up to 2 years).
Chapter XVII: Of Criminal Intimidation, Insult, and Annoyance
Section 350: Criminal intimidation (up to 2 years).
Section 351: Intentional insult (up to 1 year).
Section 353: Defamation (up to 2 years or community service).
Chapter XVIII: New Offenses (Organized Crime and Terrorism)
Section 111: Organized crime (7 years to life).
Section 112: Petty organized crime (1-7 years).
Section 113: Terrorist acts (death or life imprisonment).
Chapter XIX: Of Offenses Relating to Marriage
Section 80: Bigamy (up to 7 years).
Section 81: Adultery omitted (previously struck down by Supreme Court).
Section 82: Fraudulent marriage (up to 7 years).
Additional Key Sections Across Chapters
Section 99: Death caused in good faith for benefit (no offense).
Section 116: Hurt by acid (5-7 years).
Section 135: Assault on public servant (1-7 years).
Section 138: Kidnapping (up to 7 years).
Section 140: Abduction with intent to murder (up to life).
Section 145: Habitual dealing in slaves (up to life).
Section 154: Collecting arms for waging war (life or 10 years).
Section 171: Imputations prejudicial to national integration (up to 3 years).
Section 183: Resistance to lawful apprehension (up to 2 years).
Section 226: Attempt to commit suicide to restrain public servant (up to 1 year).
Section 247: Destroying evidence (up to 7 years).
Section 263: Erasure of mark denoting used stamp (up to 3 years).
Section 281: Rash driving (up to 6 months).
Section 304: Extortion (2-7 years).
Section 317: Cheating by personation (up to 3 years).
Section 341: Mischief (up to 6 months).
Section 343: Mischief causing damage over ₹50,000 (up to 7 years).
Section 346: House-trespass (up to 2 years).
Section 349: Aggravated house-trespass (7-10 years).
Key Observations
New Additions: Sections like 111 (organized crime), 112 (petty organized crime), and 113 (terrorism) address modern challenges.
Community Service: Introduced as a reformative punishment (e.g., Section 4(f), Section 303 proviso).
Omitted Provisions: Sedition (IPC 124A) replaced by Section 152, adultery omitted, and Section 377 (unnatural offenses) repealed.
Gender Neutrality: Partial inclusion in kidnapping laws (e.g., Section 137), though rape laws remain gendered.
This list provides a snapshot of the BNS’s structure and priorities, emphasizing justice, modernization, and victim protection while retaining core IPC principles. For a detailed study, refer to the full text of the Bharatiya Nyaya Sanhita, 2023, as enacted.
