Bharatiya Nyaya Sanhita, 2023 – Revision Highlights

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A structured summary and bullet-point revision notes on the Bharatiya Nyaya Sanhita, 2023, emphasizing updates relevant to recent judicial services preliminary examinations across major Indian states (e.g., Delhi, UP, MP, BiharRJS ).  a comparative overview with the Indian Penal Code, 1860, highlight newly added or modified sections, and present key provisions in short bullet points for quick recall. I’ll also use a topic-wise format for clarity and effective revision.


Bharatiya Nyaya Sanhita, 2023 – Revision Highlights

Overview

  • New Penal Code: BNS 2023 came into effect on July 1, 2024, fully replacing the IPC, 1860. It has 20 chapters and 358 sections (vs. IPC’s 23 chapters, 511 sections).

  • Focus & Structure: Citizen-centric reform – prioritizes offences against women/children, “streamlines” offences and penalties. (E.g. community service added as a punishment; definitions updated.)

Offences Against Women & Children (Chapter V, Sec 63–99)

  • Chapter V (Women & Children): All sexual offences, assaults, marital offences, etc., are now in one chapter. This gives precedence to these crimes.

  • Gang Rape: Victim age threshold raised to 18 (from 16); gang-rape of a girl <18 is punishable by life or death.

  • New Offence: Sexual intercourse by deceit (e.g. false promise of marriage or job) is penalized (Sec 69).

  • Gender-Inclusive: ‘Transgender’ defined under “gender” (Sec 2(10)). Offences like voyeurism/disrobing use gender-neutral wording (“whoever” replaces “man”).

  • Victim Safeguards: Victim’s statement in sexual crimes must be recorded via audio-video;, preferably by a female magistrate. Medical reports to police within 7 days. Free first-aid and treatment mandated for women/child victims.

  • Summons: “Some adult member” (not just male) can be summoned to court.

  • Note: Marital rape remains largely not an offence (except if wife <18).

Other Key Offences

  • Organized Crime (Sec 111): New offence for syndicate crimes (e.g. kidnapping, extortion, cybercrime by a gang). Petty organised crime (Sec 112) also added.

  • Terrorism (Sec 113): New offence (“terrorist act”), inspired by UAPA, with specified fines.

  • Mob Violence: Murder by a group (≥5 persons) on identity grounds is separately punishable – life or death (Sec 103(2)). Grievous hurt by a mob (≥5) is also newly aggravated (Sec 117(4)).

  • Murder/Culpable Homicide: Core definitions remain (culpable homicide Sec 100, murder Sec 101). Murder (Sec 101) essentially mirrors IPC300; culpable homicide not amounting to murder (Sec 100) mirrors IPC299.

  • Negligence: Death by rash/negligent act (formerly IPC 304A) is now Sec 106 with punishment up to 5 years (up from 2). A hit‐and‐run provision was enacted (Sec 106(2), currently on hold).

  • Self-Harm: IPC 309 (attempted suicide) is omitted; only attempt to coerce an official remains punishable (Sec 226).

Property & Financial Offences

  • Cheating (Sec 318): IPC 417, 418, 420 combined into one section. Maximum jail increased to 3 years (vs 1 year under IPC). Major fraud variant (like breach of trust with property) now up to 5 years (was 3).

  • Criminal Breach of Trust (Sec 316): IPC 406–409 merged; punishment extended to up to 5 years (from 3).

  • Dishonest Misappropriation (Sec 314): IPC 403 revamped: now carries a minimum 6-month sentence (previously optional).

  • Snatching (Sec 304): New offence – forcefully snatching movable property from a person (distinct from theft). Max punishment 3 years (IPC theft was 7 years).

  • Mischief (Sec 324–328): Retains damage-to-property offences with graded penalties by value.

  • Forgery/Documents: Forgery of documents is retained (Sec 335–344), but now explicitly covers government-issued IDs (Aadhaar, voter card, etc.). “Document” now includes electronic/digital records (Sec 2(8)). BNS aligns tech terms with the IT Act (Sec 2(39)).

  • Other (Theft/Robbery): Basic offences remain, renumbered (Theft Sec 303 (IPC378), Robbery Sec 309 (IPC390), Extortion Sec 308 (IPC383), etc.).

State & Public Offences

  • Sedition: IPC 124A abolished. Replaced by a new vague offence (Sec 152) for “acts endangering India’s sovereignty, unity, integrity.”

  • Environmental/Trafficking: BNS reportedly adds offences like environmental pollution and human trafficking.

  • Defamation & Public Justice: Sections for defamation (Sec 356) and contempt remain, though restructured in numbering. False evidence/public justice offences (Ch.14) largely carry over (renumbered).

Procedural & Miscellaneous Changes

  • Definitions: “Child” means <18 (explicitly applied to kidnapping, etc.). Transgender included under “gender”.

  • Punishments: Introduces mandatory minima for 23 offences; fines increased for 83 offences.

  • Community Service (Sec 4): New non‑custodial penalty, to be applied for certain petty offences (listed in law).

  • Language: “Man” → “whoever” in many sections (e.g. Sec 76–77) for gender-neutral accused.

  • Deleted Offences: IPC 377 (all parts), 309, and 497 (adultery) are fully omitted.

Key Sections: IPC vs BNS (Quick Table)

Offence/Concept IPC (1860) Section(s) BNS (2023) Section(s) Remarks
Cheating 417, 418, 420 318 (and 319) Unified into Sec318; ↑punishment.
CBT (Breach of Trust) 406–409 316 Unified; max ↑5 yrs (from 3).
Dish. Misappropriation 403 314 Min. 6m imprisonment now mandatory.
Snatching (new) – 304 New offence (forceful grabbing).
Adultery 497 (omitted) Deleted (not an offence).
Sedition 124A (omitted) (Sec152 new) 124A removed; new Sec152 for “sovereignty”.
Section 377 377 (omitted) Fully removed.
Group Lynching 302 (murder) 103(2) 5+ person murder (identity grounds) life/death.
(etc.) … … …

“Omitted” means the IPC provision is no longer in BNS.

Exam Tips & Focus

  • Memorize new sections: E.g. Rape now starts at Sec63, Gang-rape is Sec70(2); False-promise rape = Sec69; Cheating = Sec318; Terrorism = Sec113; Organized Crime = Sec111; Community Service = Sec4. (Source analysis:.)

  • Women/Children offences: High-yield. Recall Chapter V changes (age limit 18, statement recording, female magistrate, etc.).

  • Retained vs. Repealed: Be clear which IPC offences are gone (Sedition 124A, Adultery 497, 377, 309), and what replaced them (Sec152, none for adultery).

  • New concepts: Organized crime, petty organised crime, mob lynching, cyber definitions – these are new. Learn their section numbers and basics..

  • Punishments: Note which penalties increased (e.g. negligent homicide, mischief, cheating), and the introduction of community service.

  • State relevance: Although BNS is uniform, some exams might highlight local context (e.g. specific crime data or state amendments), but core BNS changes are common. Focus on national law changes first.


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