The Bhartiya Nyaya Sanhita, 2023 (BNS) is a comprehensive law designed to provide a unified framework for criminal justice in India. The BNS is an attempt to replace the Indian Penal Code (IPC), 1860, and provide a modern, progressive, and more effective legal system for addressing crimes, promoting justice, and safeguarding the rights of individuals. The BNS focuses on evolving the criminal justice system by addressing contemporary issues such as cybercrime, terrorism, social justice, and public health safety, while ensuring that the legal framework remains in tune with modern governance and human rights standards.
CHAPTER I: PRELIMINARY
Section 1: Short title, commencement and application.
Section 3: General explanations.
CHAPTER II: OF PUNISHMENTS
Section 5: Commutation of sentence.
Section 6: Fractions of terms of punishment.
Section 7: Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
Section 8: Amount of fine, liability in default of payment of fine, etc.
Section 9: Limit of punishment of offence made up of several offences.
Section 11: Solitary confinement.
Section 12: Limit of solitary confinement.
Section 13: Enhanced punishment for certain offences after previous conviction.
CHAPTER III: GENERAL EXCEPTIONS
Section 14: Act done by a person bound, or by mistake of fact believing himself bound, by law.
Section 15: Act of Judge when acting judicially.
Section 16: Act done pursuant to judgment or order of Court.
Section 18: Accident in doing a lawful act.
Section 19: Act likely to cause harm, but done without criminal intent, and to prevent other harm.
Section 20: Act of a child under seven years of age.
Section 21: Act of a child above seven and under twelve years of age of immature understanding.
Section 22: Act of a person of unsound mind.
Section 23: Act of a person incapable of judgment by reason of intoxication caused against his will.
Section 24: Offence requiring a particular intent or knowledge committed by one who is intoxicated.
Section 26: Act not intended to cause death, done by consent in good faith for person’s benefit.
Section 28: Consent known to be given under fear or misconception.
Section 29: Exclusion of acts which are offences independently of harm caused.
Section 30: Act done in good faith for benefit of a person without consent.
Section 31: Communication made in good faith.
Section 32: Act to which a person is compelled by threats.
Section 33: Act causing slight harm.
Section 34: Things done in private defence.
Section 35: Right of private defence of body and of property.
Section 36: Right of private defence against act of a person of unsound mind, etc.
Section 37: Acts against which there is no right of private defence.
Section 38: When right of private defence of body extends to causing death.
Section 39: When such right extends to causing any harm other than death.
Section 40: Commencement and continuance of right of private defence of body.
Section 41: When right of private defence of property extends to causing death.
Section 42: When such right extends to causing any harm other than death.
Section 43: Commencement and continuance of right of private defence of property.
CHAPTER IV: OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
Of Abetment
Section 45: Abetment of a thing.
Section 47: Abetment in India of offences outside India.
Section 48: Abetment outside India for offence in India.
Section 51: Liability of abettor when one act abetted and different act done.
Section 52: Abettor when liable to cumulative punishment for act abetted and for act done.
Section 54: Abettor present when offence is committed.
Section 55: Abetment of offence punishable with death or imprisonment for life.
Section 56: Abetment of offence punishable with imprisonment.
Section 57: Abetting commission of offence by public or by more than ten persons.
Section 58: Concealing design to commit offence punishable with death or imprisonment for life.
Section 59: Public servant concealing design to commit offence which it is his duty to prevent.
Section 60: Concealing design to commit offence punishable with imprisonment.
Of Criminal Conspiracy
Section 61: Criminal conspiracy.
Of Attempt
CHAPTER V: OF OFFENCES AGAINST WOMAN AND CHILD
Of Sexual Offences
Section 64: Punishment for rape.
Section 65: Punishment for rape in certain cases.
Section 66: Punishment for causing death or resulting in persistent vegetative state of victim.
Section 67: Sexual intercourse by husband upon his wife during separation.
Section 68: Sexual intercourse by a person in authority.
Section 69: Sexual intercourse by employing deceitful means, etc.
Section 71: Punishment for repeat offenders.
Section 72: Disclosure of identity of victim of certain offences, etc.
Section 73: Printing or publishing any matter relating to Court proceedings without permission.
Of Criminal Force and Assault Against Woman
Section 74: Assault or use of criminal force to woman with intent to outrage her modesty.
Section 75: Sexual harassment.
Section 76: Assault or use of criminal force to woman with intent to disrobe.
Section 79: Word, gesture or act intended to insult modesty of a woman.
Of Offences Relating to Marriage
Section 81: Cohabitation caused by man deceitfully inducing belief of lawful marriage.
Section 82: Marrying again during lifetime of husband or wife.
Section 83: Marriage ceremony fraudulently gone through without lawful marriage.
Section 84: Enticing or taking away or detaining with criminal intent a married woman.
Section 85: Husband or relative of husband of a woman subjecting her to cruelty.
Section 87: Kidnapping, abducting or inducing woman to compel her marriage, etc.
Of Causing Miscarriage, etc.
Section 88: Causing miscarriage.
Section 89: Causing miscarriage without woman’s consent.
Section 90: Death caused by act done with intent to cause miscarriage.
Section 91: Act done with intent to prevent child being born alive or to cause to die after birth.
Section 92: Causing death of quick unborn child by act amounting to culpable homicide.
Of Offences Against Child
Section 94: Concealment of birth by secret disposal of dead body.
Section 95: Hiring, employing or engaging a child to commit an offence.
Section 96: Procuration of child.
Section 98: Selling child for purposes of prostitution, etc.
Section 99: Buying child for purposes of prostitution, etc.
CHAPTER VI: OF OFFENCES AFFECTING THE HUMAN BODY
Of Offences Affecting Life
Section 100: Culpable homicide.
Section 103: Punishment for murder.
Section 104: Punishment for murder by life-convict.
Section 105: Punishment for culpable homicide not amounting to murder.
Section 106: Causing death by negligence.
Section 107: Abetment of suicide of child or person of unsound mind.
Section 108: Abetment of suicide.
Section 109: Attempt to murder.
Section 110: Attempt to commit culpable homicide.
Section 112: Petty organised crime.
Of Hurt
Section 115: Voluntarily causing hurt.
Section 117: Voluntarily causing grievous hurt.
Section 118: Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
Section 121: Voluntarily causing hurt or grievous hurt to deter public servant from his duty.
Section 122: Voluntarily causing hurt or grievous hurt on provocation.
Section 123: Causing hurt by means of poison, etc., with intent to commit an offence.
Section 124: Voluntarily causing grievous hurt by use of acid, etc.
Section 125: Act endangering life or personal safety of others.
Of Wrongful Restraint and Wrongful Confinement
Section 126: Wrongful restraint.
Section 127: Wrongful confinement.
Of Criminal Force and Assault
Section 131: Punishment for assault or criminal force otherwise than on grave provocation.
Section 132: Assault or criminal force to deter public servant from discharge of his duty.
Section 134: Assault or criminal force in attempt to commit theft of property carried by a person.
Section 135: Assault or criminal force in attempt to wrongfully confine a person.
Section 136: Assault or criminal force on grave provocation.
Of Kidnapping, Abduction, Slavery and Forced Labour
Section 139: Kidnapping or maiming a child for purposes of begging.
Section 140: Kidnapping or abducting in order to murder or for ransom, etc.
Section 141: Importation of girl or boy from foreign country.
Section 142: Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
Section 143: Trafficking of person.
Section 144: Exploitation of a trafficked person.
Section 145: Habitual dealing in slaves.
Section 146: Unlawful compulsory labour.
CHAPTER VII: OF OFFENCES AGAINST THE STATE
Section 148: Conspiracy to commit offences punishable by section 147.
Section 149: Collecting arms, etc., with intention of waging war against Government of India.
Section 150: Concealing with intent to facilitate design to wage war.
Section 152: Act endangering sovereignty, unity and integrity of India.
Section 153: Waging war against Government of any foreign State at peace with Government of India.
Section 155: Receiving property taken by war or depredation mentioned in sections 153 and 154.
Section 156: Public servant voluntarily allowing prisoner of State or war to escape.
Section 157: Public servant negligently suffering such prisoner to escape.
Section 158: Aiding escape of, rescuing or harbouring such prisoner.
CHAPTER VIII: OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Section 159: Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
Section 160: Abetment of mutiny, if mutiny is committed in consequence thereof.
Section 162: Abetment of such assault, if assault committed.
Section 163: Abetment of desertion of soldier, sailor or airman.
Section 164: Harbouring deserter.
Section 165: Deserter concealed on board merchant vessel through negligence of master.
Section 166: Abetment of act of insubordination by soldier, sailor or airman.
Section 167: Persons subject to certain Acts.
Section 168: Wearing garb or carrying token used by soldier, sailor or airman.
CHAPTER IX: OF OFFENCES RELATING TO ELECTIONS
Section 169: Candidate, electoral right defined.
Section 171: Undue influence at elections.
Section 172: Personation at elections.
Section 173: Punishment for bribery.
Section 174: Punishment for undue influence or personation at an election.
Section 175: False statement in connection with an election.
Section 176: Illegal payments in connection with an election.
Section 177: Failure to keep election accounts.
CHAPTER X: OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS
Section 178: Counterfeiting coin, Government stamps, currency-notes or bank-notes.
Section 182: Making or using documents resembling currency-notes or bank-notes.
Section 184: Using Government stamp known to have been before used.
Section 185: Erasure of mark denoting that stamp has been used.
Section 186: Prohibition of fictitious stamps.
Section 188: Unlawfully taking coining instrument from mint.
CHAPTER XI:OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Section 189: Unlawful assembly.
Section 195: Assaulting or obstructing public servant when suppressing riot, etc.
Section 197: Imputations, assertions prejudicial to national integration.
CHAPTER XII: OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Section 198: Public servant disobeying law, with intent to cause injury to any person.
Section 199: Public servant disobeying direction under law.
Section 200: Punishment for non-treatment of victim.
Section 201: Public servant framing an incorrect document with intent to cause injury.
Section 202: Public servant unlawfully engaging in trade.
Section 203: Public servant unlawfully buying or bidding for property.
Section 204: Personating a public servant.
Section 205: Wearing garb or carrying token used by public servant with fraudulent intent.
CHAPTER XIII: OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
Section 206: Absconding to avoid service of summons or other proceeding.
Section 207: Preventing service of summons or other proceeding, or preventing publication thereof.
Section 208: Non-attendance in obedience to an order from public servant.
Section 212: Furnishing false information.
Section 213: Refusing oath or affirmation when duly required by public servant to make it.
Section 214: Refusing to answer public servant authorised to question.
Section 215: Refusing to sign statement.
Section 218: Resistance to taking of property by lawful authority of a public servant.
Section 219: Obstructing sale of property offered for sale by authority of public servant.
Section 220: Illegal purchase or bid for property offered for sale by authority of public servant.
Section 221: Obstructing public servant in discharge of public functions.
Section 222: Omission to assist public servant when bound by law to give assistance.
Section 223: Disobedience to order duly promulgated by public servant.
Section 224: Threat of injury to public servant.
Section 226: Attempt to commit suicide to compel or restrain exercise of lawful power.
CHAPTER XIV: OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Section 227: Giving false evidence.
Section 228: Fabricating false evidence.
Section 229: Punishment for false evidence.
Section 232: Threatening any person to give false evidence.
Section 233: Using evidence known to be false.
Section 234: Issuing or signing false certificate.
Section 235: Using as true a certificate known to be false.
Section 236: False statement made in declaration which is by law receivable as evidence.
Section 237: Using as true such declaration knowing it to be false.
Section 239: Intentional omission to give information of offence by person bound to inform.
Section 240: Giving false information respecting an offence committed.
Section 241: Destruction of document or electronic record to prevent its production as evidence.
Section 242: False personation for purpose of act or proceeding in suit or prosecution.
Section 244: Fraudulent claim to property to prevent its seizure as forfeited or in execution.
Section 245: Fraudulently suffering decree for sum not due.
Section 246: Dishonestly making false claim in Court.
Section 247: Fraudulently obtaining decree for sum not due.
Section 248: False charge of offence made with intent to injure.
Section 249: Harbouring offender.
Section 250: Taking gift, etc., to screen an offender from punishment.
Section 251: Offering gift or restoration of property in consideration of screening offender.
Section 252: Taking gift to help to recover stolen property, etc.
Section 254: Penalty for harbouring robbers or dacoits.
Section 257: Public servant in judicial proceeding corruptly making report, etc., contrary to law.
Section 259: Intentional omission to apprehend on part of public servant bound to apprehend.
Section 261: Escape from confinement or custody negligently suffered by public servant.
Section 262: Resistance or obstruction by a person to his lawful apprehension.
Section 263: Resistance or obstruction to lawful apprehension of another person.
Section 266: Violation of condition of remission of punishment.
Section 267: Intentional insult or interruption to public servant sitting in judicial proceeding.
Section 268: Personation of assessor.
Section 269: Failure by person released on bail bond or bond to appear in Court.
CHAPTER XV: OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
Section 271: Negligent act likely to spread infection of disease dangerous to life.
Section 272: Malignant act likely to spread infection of disease dangerous to life.
Section 273: Disobedience to quarantine rule.
Section 274: Adulteration of food or drink intended for sale.
Section 275: Sale of noxious food or drink.
Section 276: Adulteration of drugs.
Section 277: Sale of adulterated drugs.
Section 278: Sale of drug as a different drug or preparation.
Section 279: Fouling water of public spring or reservoir.
Section 280: Making atmosphere noxious to health.
Section 281: Rash driving or riding on a public way.
Section 282: Rash navigation of vessel.
Section 283: Exhibition of false light, mark or buoy.
Section 284: Conveying person by water for hire in unsafe or overloaded vessel.
Section 285: Danger or obstruction in public way or line of navigation.
Section 286: Negligent conduct with respect to poisonous substance.
Section 287: Negligent conduct with respect to fire or combustible matter.
Section 288: Negligent conduct with respect to explosive substance.
Section 289: Negligent conduct with respect to machinery.
Section 291: Negligent conduct with respect to animal.
Section 292: Punishment for public nuisance in cases not otherwise provided for.
Section 293: Continuance of nuisance after injunction to discontinue.
Section 294: Sale, etc., of obscene books, etc.
Section 295: Sale, etc., of obscene objects to child.
Section 296: Obscene acts and songs.
Section 297: Keeping lottery office.
CHAPTER XVI: OF OFFENCES RELATING TO RELIGION
Section 298: Injuring or defiling place of worship with intent to insult religion of any class.
Section 300: Disturbing religious assembly.
Section 301: Trespassing on burial places, etc.
Section 302: Uttering words, etc., with deliberate intent to wound religious feelings of any person.
CHAPTER XVII: OF OFFENCES AGAINST PROPERTY
Of Theft
Section 305: Theft in a dwelling house, or means of transportation or place of worship, etc.
Section 306: Theft by clerk or servant of property in possession of master.
Of Extortion
Of Robbery and Dacoity
Section 311: Robbery, or dacoity, with attempt to cause death or grievous hurt.
Section 312: Attempt to commit robbery or dacoity when armed with deadly weapon.
Section 313: Punishment for belonging to gang of robbers, etc.
Of Criminal Misappropriation of Property
Section 314: Dishonest misappropriation of property.
Of Criminal Breach of Trust
Section 316: Criminal breach of trust.
Of Receiving Stolen Property
Of Cheating
Section 319: Cheating by personation.
Of Fraudulent Deeds and Dispositions of Property
Section 321: Dishonestly or fraudulently preventing debt being available for creditors.
Section 322: Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
Section 323: Dishonest or fraudulent removal or concealment of property.
Of Mischief
Section 325: Mischief by killing or maiming animal.
Section 326: Mischief by injury, inundation, fire or explosive substance, etc.
Of Criminal Trespass
Section 329: Criminal trespass and house-trespass.
Section 330: House-trespass and house-breaking.
Section 331: Punishment for house-trespass or house-breaking.
Section 332: House-trespass in order to commit offence.
Section 333: House-trespass after preparation for hurt, assault or wrongful restraint.
Section 334: Dishonestly breaking open receptacle containing property.
CHAPTER XVIII: OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
Of Documents
Section 335: Making a false document.
Section 337: Forgery of record of Court or of public register, etc.
Section 338: Forgery of valuable security, will, etc.
Section 340: Forged document or electronic record and using it as genuine.
Section 344: Falsification of accounts.
Of Property Marks
Section 346: Tampering with property mark with intent to cause injury.
Section 347: Counterfeiting a property mark.
Section 348: Making or possession of any instrument for counterfeiting a property mark.
Section 349: Selling goods marked with a counterfeit property mark.
Section 350: Making a false mark upon any receptacle containing goods.
CHAPTER XIX: OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
Of Criminal Intimidation
Section 351: Criminal intimidation.
Section 352: Intentional insult with intent to provoke breach of peace.
Section 353: Statements conducing to public mischief.
Section 355: Misconduct in public by a drunken person.
Of Defamation
Of Breach of Contract to Attend on and Supply Wants of Helpless Person
Section 357: Breach of contract to attend on and supply wants of helpless person.
CHAPTER XX: REPEAL AND SAVINGS
Section 358: Repeal and savings.
Here is an overview of the key provisions and concepts covered under the Bhartiya Nyaya Sanhita, 2023:
Key Objectives of BNS
- Simplification and Modernization: BNS is intended to simplify and modernize the law, aligning with current societal norms and technological advancements.
- Effective Punishments: The law emphasizes proportionality in punishments, aiming to ensure that sentences are just and reflective of the severity of the crimes.
- Protection of Rights: BNS seeks to strengthen the protection of the fundamental rights of individuals, including privacy, equality before the law, and protection from arbitrary arrest.
- Special Provisions for Vulnerable Groups: It includes specific provisions addressing the protection of women, children, marginalized communities, and people with disabilities.
Structure of BNS
The BNS, 2023 is divided into chapters and sections, addressing various crimes and offenses in detail. The law is divided into several parts, covering crimes against individuals, property, state, public health, religion, elections, and more. Below is a more detailed look at the contents of the BNS:
Part I – General Provisions
This part deals with general provisions about how criminal acts are defined and classified under the law. It outlines the objectives of criminal justice and the principles governing the prosecution, punishment, and rehabilitation of offenders.
- Definitions: Clear definitions of important terms like “crime,” “criminal,” “punishment,” and “public servant.”
- Punishments: Categories of punishment, including imprisonment (simple and rigorous), fines, death penalty, and life imprisonment.
- General Defenses: Includes defenses such as insanity, intoxication, and self-defense.
- Types of Crimes: The law categorizes crimes broadly into cognizable and non-cognizable offenses, which determines whether an arrest can be made without a warrant.
Part II – Offenses Against the Human Body
This section outlines crimes that directly affect individuals, focusing on bodily harm and personal safety:
- Murder (Section 101-113): Defines murder, culpable homicide, and outlines punishments for various degrees of homicide, including self-defense.
- Dowry Death (Section 80): Provisions regarding the unlawful death of a woman caused by dowry-related offenses.
- Cruelty (Section 85-86): Punishments for cruelty inflicted by a husband or his relatives on a woman.
- Kidnapping and Abduction (Section 137-144): Addresses crimes involving the abduction of individuals for purposes such as trafficking or forced labor.
Part III – Offenses Against Property
This section deals with crimes related to theft, robbery, misappropriation, and other offenses against property.
- Theft (Section 303-307): Defines theft and outlines punishments, including snatching and theft within a dwelling or place of worship.
- Extortion (Section 308): Punishments for extortion, including force or threats to obtain property.
- Robbery and Dacoity (Section 309-313): Laws concerning robbery and dacoity (violent thefts), including penalties for causing harm during the crime.
- Cheating (Section 318-319): Defines the crime of cheating, including cheating by personation or fraudulent misrepresentation.
Part IV – Offenses Relating to Religion
This part addresses crimes that affect religious practices and places of worship:
- Defiling Worship Places (Section 298): Punishments for injuring or defiling places of worship.
- Malicious Religious Acts (Section 299): Provisions regarding acts intended to outrage religious feelings.
- Disturbing Religious Assemblies (Section 300): Laws on preventing disturbances in religious gatherings.
Part V – Offenses Against the State
This section focuses on offenses against the nation, including terrorism, sedition, and waging war:
- Waging War Against India (Section 147): Defines waging war against the Government of India and prescribes severe penalties.
- Terrorist Acts (Section 113): Provisions related to organized terrorism, including penalties for engaging in terrorism or aiding terrorists.
- Sedition and Conspiracy (Section 148): Laws on acts that aim to undermine the government through conspiracy or sedition.
Part VI – Offenses Related to Public Health and Safety
This part focuses on offenses that affect public health, safety, and the environment:
- Public Nuisance (Section 270): Laws related to actions that endanger public peace or public safety.
- Adulteration of Food and Drugs (Sections 274-277): Provisions addressing the adulteration of food and drugs, ensuring public health.
- Negligence Leading to Harm (Sections 283-286): Negligent actions that may endanger life or property, such as dangerous driving or misuse of explosives.
Part VII – Offenses Relating to Documents and Property Marks
This section addresses crimes related to forging, falsifying documents, and property marks:
- Forgery of Documents (Section 335-340): Laws on the creation or use of forged documents, including important public records and valuable securities.
- Counterfeiting Property Marks (Sections 345-350): Provisions for counterfeiting or tampering with property marks, which are used to identify goods and ownership.
Part VIII – Offenses in Public Service
This section defines offenses committed by public servants:
- Disobedience of Law by Public Servants (Sections 198-204): Provisions addressing offenses like corruption, neglect of duty, and fraudulent actions by public servants.
- False Evidence (Section 227-257): Crimes involving the creation or presentation of false evidence in judicial proceedings, including fabricating or using false documents.
Key Features of BNS 2023
- Modernized Definitions and Provisions: The law includes updated provisions to address new-age crimes like cybercrime and offenses related to technology.
- Stronger Punishments: There are stricter penalties for certain crimes, including the possibility of the death penalty in cases of severe crimes like terrorism and child sexual abuse.
- Victim-Centric Approach: The BNS emphasizes the protection of victims and witnesses, ensuring their safety and dignity.
- Gender Justice: Specific provisions for the protection of women and children from sexual offenses, exploitation, and trafficking.
- Focus on Rehabilitation: Provisions for the rehabilitation of offenders, including those involved in minor crimes or first-time offenders, with the aim of reintegration into society.
- Evolving Technology: The law recognizes the challenges of new technologies and includes measures to combat cybercrimes, digital frauds, and identity theft.
Repeal of the IPC
The Bhartiya Nyaya Sanhita will replace the Indian Penal Code (IPC), 1860, and all its associated acts and rules. It intends to address gaps in the IPC, modernize provisions, and introduce new laws to cater to modern societal concerns.
Criticisms and Controversies
While the BNS is hailed as a much-needed reform to the Indian criminal justice system, it has also faced criticism in some quarters:
- Stringent Provisions: Critics argue that some provisions, particularly those relating to terrorism and sedition, may be overly stringent and can be misused for political purposes.
- Overhaul Challenges: The large-scale replacement of the IPC may face challenges in terms of implementation and public awareness.
- Judicial and Law Enforcement Training: Effective implementation requires adequate training for the judiciary and law enforcement to handle the nuanced aspects of the new law.
Major Updates in the Bhartiya Nyaya Sanhita
Here are some key changes and reforms introduced by the BNS, which modernize the existing criminal justice system:
A. Addressing Modern Crimes
- Cybercrime: With the rapid digitization of society, cybercrime has emerged as one of the most significant threats. The BNS introduces new offenses related to cyber fraud, data theft, online harassment, hacking, and identity theft. The law criminalizes cyberbullying, online harassment, child pornography, and defamation through social media platforms.
- Terrorism and National Security: The law expands the definition of terrorism to include cyber terrorism, eco-terrorism, and offenses committed under the guise of religious or political movements. The BNS provides harsher penalties for offenses like recruitment for terrorist organizations, financing terrorism, and the use of technology to carry out attacks.
B. Strengthening Punishments
- Death Penalty for Severe Crimes: The BNS retains the death penalty, but its use is narrowed down to terrorism, brutal murders, and child sexual abuse, where the crime is particularly heinous. The law aims to ensure that the death penalty is used sparingly and only in exceptional cases.
- Increase in Penalties for Sexual Offenses: The rape laws have been strengthened, with more severe penalties for crimes such as gang rape, child sexual abuse, and trafficking. It introduces the death penalty for repeat offenders in cases of extreme sexual violence.
- Economic Offenses and White-Collar Crimes: The law introduces stricter penalties for money laundering, tax evasion, and fraudulent corporate practices. There is a focus on the rehabilitation of financial victims through restitution and compensation.
C. Special Protection for Vulnerable Groups
- Women and Children: The BNS has introduced special provisions to protect women, particularly in cases of sexual violence, dowry deaths, and domestic violence. It has a more defined structure for the investigation and prosecution of gender-based crimes, ensuring the swift trial of such cases.
- Children’s Protection: The law includes stricter penalties for crimes like child trafficking, child labor, and child sexual abuse. It also ensures that children are protected from exploitative practices such as forced begging and labor.
- Persons with Disabilities: The BNS makes specific provisions to protect the rights of individuals with disabilities, ensuring that crimes like exploitation and abuse are treated with severity.
D. Reforms in Law Enforcement and Trial Process
- Speedy Trials: The BNS mandates fast-track courts for specific crimes, including terrorism, child abuse, and economic crimes, to reduce delays and ensure timely justice. It aims to reduce the backlog of cases and provide justice more efficiently.
- Victim Compensation: The law introduces mechanisms for victim compensation, especially in cases of violent crimes, child abuse, and trafficking. It mandates the state to provide financial compensation to the victims, ensuring they receive support for rehabilitation.
- Witness Protection: A strong witness protection program has been introduced to protect the identities of witnesses, particularly in high-profile cases such as organized crime, terrorism, and cases involving public servants.
New and Enhanced Offenses
Some new offenses introduced under the BNS include:
- Organized Crime: Crimes committed by gangs, cartels, or syndicates now face harsher penalties. The law targets organized crimes such as drug trafficking, human trafficking, illegal arms trade, and smuggling.
- False News and Hate Speech: There are specific provisions to address hate speech and the spreading of fake news, particularly when it can cause public harm or disturb peace.
- Domestic Terrorism: The law identifies new categories of domestic terrorism that may arise due to secessionist movements, caste-based violence, or religious extremism, which can threaten national security.
- Climate Crimes: Given the rising concerns over environmental issues, environmental offenses, such as illegal logging, pollution, and wildlife trafficking, have been included as specific crimes under the BNS.
Implementation Challenges and Criticisms
While the BNS, 2023 seeks to modernize India’s criminal justice system, there have been criticisms and concerns raised regarding its implementation:
- Overreach and Abuse of Power: Some provisions related to sedition and terrorism have been criticized as potentially subject to misuse by authorities to silence political dissent or target activists.
- Focus on Punishment Over Rehabilitation: Some argue that the harsh penalties, including the death penalty, may undermine efforts towards rehabilitation of offenders, particularly for those involved in minor or non-violent crimes.
- Resource and Infrastructure Requirements: The implementation of specialized courts, witness protection, and victim compensation programs requires substantial investment in resources and infrastructure.
- Political and Social Implications: The law’s broad definitions of hate speech, religious insults, and public mischief may lead to challenges regarding its impact on freedom of expression and minority rights.
The Bhartiya Nyaya Sanhita, 2023 represents a significant leap forward in India’s criminal justice system. While it seeks to align the law with contemporary needs, balancing justice for victims and fairness for the accused will require careful execution. The law has the potential to create a more effective, efficient, and just criminal justice system, but its success will depend on how well it is implemented and whether its provisions are used judiciously.