Bharatiya Nyaya Sanhita (BNS) 2023 - Overview And FAQ

The Bharatiya Nyaya Sanhita, 2023 (BNS) is a new law in India that replaces the Indian Penal Code, 1860 (IPC). It aims to modernize and reform the criminal justice system by defining offences and prescribing punishments with a focus on justice, victim protection, and contemporary challenges.

Bharatiya Nyaya Sanhita, 2023, effective from July 1, 2024, replaces the Indian Penal Code 1860.

Background and Timeline

Structure

The BNS comprises 20 chapters and 356 sections. The outline of the Sanhita is as follows:

ChaptersClausesClassification of Offences
Chapter 1Clauses 1 to 3Preliminary
Chapter 2Clauses 4 to 13General Explanations and Principles of Criminal Liability
Chapter 3Clauses 14 to 34Punishments
Chapter 4Clauses 35 to 45General Exceptions
Chapter 5Clauses 46 to 62Of Abetment, Criminal Conspiracy and Attempt
Chapter 6Clauses 63 to 100Offences Against the State
Offences Against the State (63 to 70)
Offences Relating to the Army, Navy, and Air Force (71 to 79)
Offences Against Public Tranquility (80 to 100)
Chapter 7Clauses 101 to 137Offences Against the Human Body
Murder and Culpable Homicide (101 to 106)
Hurt (107 to 116)
Criminal Force and Assault (117 to 124)
Kidnapping and Abduction (125 to 137)
Chapter 8Clauses 138 to 167Offences Against Property
Theft (138 to 142)
Extortion (143 to 146)
Robbery and Dacoity (147 to 153)
Criminal Misappropriation and Breach of Trust (154 to 159)
Cheating (160 to 163)
Mischief (164 to 167)
Chapter 9Clauses 168 to 173Offences Relating to Documents and Property Marks
Chapter 10Clauses 174 to 187Offences Relating to Currency Notes and Bank Notes
Chapter 11Clauses 188 to 203Offences Against Marriage
Unlawful Marriages (188 to 190)
Bigamy and Adultery (191 to 193)
Cruelty by Husband or Relatives (194 to 203)
Chapter 12Clauses 204 to 210Defamation
Chapter 13Clauses 211 to 216Criminal Intimidation, Insult, and Annoyance
Chapter 14Clauses 217 to 262Offences Against Public Health, Safety, Convenience, Decency, and Morals
Chapter 15Clauses 263 to 280Offences Relating to Religion
Chapter 16Clauses 281 to 298Offences by or Relating to Public Servants
Chapter 17Clauses 299 to 309Offences Relating to Elections
Chapter 18Clauses 310 to 317Contempts of Lawful Authority of Public Servants
Chapter 19Clauses 318 to 336False Evidence and Offences Against Public Justice
Chapter 20Clauses 337 to 356Miscellaneous

Key Changes and Objectives

The BNS makes several changes to the IPC, including:

Implementation

Key Considerations

FAQs on The Bharatiya Nyaya Sanhita (BNS), 2023

The BNS, 2023 is a comprehensive legislation enacted to replace the Indian Penal Code (IPC), 1860. It modernizes India's criminal justice system by defining offences and prescribing punishments, focusing on justice, victim protection, and addressing contemporary challenges.

The BNS was enacted on December 25, 2023, and came into force on July 1, 2024.

The BNS seeks to:

  • Modernize criminal laws to address issues like cybercrime, terrorism, and organized crime.
  • Enhance victim protection and introduce community service as a punishment.
  • Simplify and consolidate offences for clarity and relevance.
  • Balance stringent punishments with individual rights for fair justice.

The BNS introduces specific provisions for emerging crimes such as mob lynching, hate crimes, and terrorism, with clear definitions and enhanced punishments to address these contemporary challenges.

Community service is a new form of punishment introduced for minor offences, allowing offenders to perform tasks like cleaning public spaces or working for community welfare, promoting restorative justice.

The BNS includes provisions for victim compensation and enhanced protections, particularly for women and children, ensuring a victim-centric approach to justice.

Yes, the BNS reforms laws related to sexual offences to be more inclusive, making certain provisions gender-neutral to ensure fair application across all genders.

The BNS includes specific provisions defining terrorism and prescribing stringent punishments to deter and address acts threatening national security.

Mob lynching is treated as a distinct offence under the BNS, with severe punishments, including life imprisonment or the death penalty, depending on the severity of the crime.

The BNS introduces provisions to tackle cybercrimes, including hacking, identity theft, and online fraud, with specific penalties to address digital offences.

Victims of crimes, particularly women and children, can claim compensation under the BNS to support their rehabilitation and recovery.

Concerns include:

  • Potential misuse of stringent provisions like those for terrorism.
  • Balancing enhanced punishments with individual rights.
  • Ensuring effective implementation to prevent judicial delays.

Proper safeguards and oversight are crucial for fair application.

The BNS introduces stricter penalties for crimes against women and children, including sexual offences, and emphasizes victim compensation and support mechanisms.

The full text, including all sections and details, is available on websites like indialawacts.in.

COMPARISON SUMMARY IPC to BNS, including all sections and details, is available on websites like indialawacts.in.

The Bharatiya Nyaya Sanhita, 2023, effective from July 1, 2024, replaces the IPC and defines criminal offences and punishments. With 20 chapters, it modernizes criminal law.

The Bharatiya Nyaya Sanhita, 2023, effective from July 1, 2024, replaces the IPC and defines criminal offences and punishments. With 358 sections across 20 chapters, it modernizes criminal law.

Download Bharatiya Nyaya Sanhita, 2023 Resources

Disclaimer: The following chapters and sections are sourced from the Bharatiya Nyaya Sanhita, 2023. This information is for educational purposes only; verify with official sources (e.g., India Code) for legal use. We are not liable for errors or consequences from use.