Introduction

Bharatiya Nyaya Sanhita 2023 is one of the most significant legislative developments in Indian legal history.

It was passed by the parliament in December 2023 to replace the Indian Penal Code (IPC). The Code received its assent from the Hon’ble President of India on 25th December 2023.It is the official Criminal Code, which came into effect on 1st July, 2024. The BNS comprises 20 chapters and 358 sections. Its structure is similar to that of the IPC.

This law has been an outcome of a bill known as the Bharatiya Nyaya (Second) Sanhita Bill (2023), which has been introduced to replace the colonial-era Indian Penal Code, the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA) with the aim of modernizing India’s criminal laws and aligning them with contemporary socio-political realities.

It is an act to consolidate and amend the provisions relating to offenses and for matters connected therewith or incidental thereto.

Short title, Commencement and Application

As per the Bare Act:

1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.

(2) It shall come into force on such date as the Central Government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.

(3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

(4) Any person liable, by any law for time being in force in India, to be tried for an offense committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.

(5) The provisions of this Sanhita shall also apply to any offense committed by

(a) any citizen of India in any place without and beyond India.

(b) any person on any ship or aircraft registered in India, wherever it may be;

(c) any person in any place without and beyond India committing an offense targeting a computer resource located in India.

(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

Need for a New Penal Code

The Indian Penal Code was no longer suited to the evolving needs of society. That’s why a new law came into force, known as Bharatiya Nyaya Sanhita, 2023, to curb the loopholes that earlier led to injustice and, in other ways, were dangerous to the societal development.

Get Expert Legal Advice

₹ 1500/- ₹ 699/- Save 54%

Don`t wait any longer, book your consultation today

Book Now

• Expertise you can rely on, and results you can trust.

Several factors contributed to the demand for a new law:

Colonial legacy

The IPC was introduced during a time when India was under British rule. As a result, many of its provisions were designed to serve the interests of the colonial administration rather than the people of India. For instance, sedition laws were used to choke dissent against the British government. While some of these laws have been repealed over the year to meet the changing needs of society,.

Changing social norms

Indian society has undergone significant transformation since the 19th century. Issues such as gender equality, individual privacy, and human rights have become central to legal discourse. The IPC is rooted in Victorian-era morality, which often clashes with modern values.

For example, the homosexuality under Section 377 was only turned by the Supreme Court of India in the case of Navtej Singh Johar v. Union of India (2018), highlighting the need for a more progressive legal framework.

Technological Advances

The IPC was drafted at a time when technology was at its initial stage. Today, India faces a host of new challenges related to cybercrime, data protection, and digital fraud, which IPC was unable to address.

While certain amendments took place, it was not sufficient to meet the requirements of this modern-day era.

Changes

In the Bharatiya Nyaya Sanhita, 2023, major changes took place, such as twenty new offenses having been added to and 19 provisions in the repealed IPC having been dropped. The punishment of imprisonment has been increased for 33 offenses, and fines have been increased for 83 offenses. A mandatory minimum punishment has been introduced for 23 offenses. A sentence of community service has been introduced for six offenses.

Bodily Harm Offenses

The Sanhita retains the provisions of the IPC on murder, abetment of suicide, assault, and causing grievous hurt. It adds new offenses such as organized crime, terrorism, and murder or grievous hurt by a group on certain grounds.

Crimes of sexual assault against a woman

It 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 an adult, in the case of gang rape, from 16 to 18 years of age.

Crimes Against the State

The Sanhita removes sedition as an offense. Instead, there is a new offense for acts endangering India’s sovereignty, unity, and integrity.

Crimes Against the Public

This Sanhita has included new offenses against the public, such as environmental pollution and human trafficking.

Get Expert Legal Advice

₹ 1500/- ₹ 699/- Save 54%

Don`t wait any longer, book your consultation today

Book Now

• Expertise you can rely on, and results you can trust.

Crimes Against the Property

The Sanhita retains the provisions of the IPC on theft, robbery, burglary, and cheating. It adds new offenses such as cybercrime and financial fraud.

Criticism

While the Bharatiya Nyaya Sanhita, 2023, represents a significant step towards the evolution of India’s criminal law, there are some key concerns related to some issues raised by legal scholars and civil rights activists, such as:

Potential for misuse

While the repeal of the sedition law is a welcome move, some fear that the new provisions introduced to replace it could still be misused to choke dissent. The broad language used to describe acts that threaten national security or public order could potentially be applied in ways that infringe civil liberties.

Balancing Rights and Security

One of the perpetual challenges in criminal law is finding the right balance between protecting individual rights and ensuring national security. Some critics argue that the Bharatiya Nyaya Sanhita, while progressive in many areas, may not go far enough in safeguarding the rights of marginalized communities, particularly in relation to issues such as privacy and freedom of expression.

The Bharatiya Nyaya Sanhita retains the marital rape exception. It retains the value-laden phrase ‘outraging the modesty of women’ instead of replacing it with the gender-neutral term ‘sexual assault’. It provides inadequate protection to victims of non-consensual intimate imagery. It does not include any provision for offenses involving rape of males or of transgender individuals.

Provision for offense for acts endangering’sovereignty or unity and integrity of India’, is ambiguous, with the potential to curtail freedom of speech or to stifle dissent.

Conclusion

The Bharatiya Nyaya Sanhita 2023 is a bold step to modernize India’s criminal justice system and bring it in line with contemporary societal values and technological advancements. By replacing the colonial-era IPC, the Sanhita seeks to create a more just, equitable, and efficient legal framework that reflects the realities of 21st-century India.

However, the success of the Bharatiya Nyaya Sanhita will ultimately depend on how it is implemented and interpreted by the courts, law enforcement agencies, and society at large.