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{{Short description|Criminal code of the Republic of India}}
{{Short description|Penal code of the Republic of India}}
{{Use dmy dates|date=August 2023}}
{{Use dmy dates|date=August 2023}}
{{Use Indian English|date=August 2023}}
{{Use Indian English|date=August 2023}}
{{Infobox legislation
{{Infobox legislation
| short_title = Bharatiya Nyaya Sanhita
| short_title = Bharatiya Nyaya Sanhita
| legislature = Parliament of India
| legislature = [[Parliament of India]]
| image = Emblem of India.svg
| image = Emblem of India.svg
| imagesize = 100
| imagesize = 100
Line 57: Line 57:
| repeals = [[Indian Penal Code]]
| repeals = [[Indian Penal Code]]
| related_legislation = [[Bharatiya Nagarik Suraksha Sanhita]] and [[Bharatiya Sakshya Act, 2023]]
| related_legislation = [[Bharatiya Nagarik Suraksha Sanhita]] and [[Bharatiya Sakshya Act, 2023]]
| summary = The bill seeks to replace the entire Indian Penal Code, and to provide new approach for penalties and punishments for crimes defined under new pattern.
| summary = The bill seeks to replace the entire Indian Penal Code and to provide a new approach for penalties and punishments for crimes defined under a new pattern.
| status = not yet in force
| status = not yet in force
}}
}}


The '''Bharatiya Nyaya Sanhita''' {{Literal translation|Indian Justice Code}}, ([[International Alphabet of Sanskrit Transliteration|IAST]]: '''Bhāratīya Nyāya Saṃhitā'''), is the [[criminal code]] in the [[India|Republic of India]].<ref>{{Cite web |date=August 11, 2023 |title=3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped |url=https://www.thehindu.com/news/national/3-bills-to-replace-ipc-crpc-indian-evidence-act-introduced-in-lok-sabha/article67183559.ece |via=www.thehindu.com}}</ref> It is a substantive law.
The '''Bharatiya Nyaya Sanhita''' {{Literal translation|Indian Justice Code}}, ([[International Alphabet of Sanskrit Transliteration|IAST]]: '''Bhāratīya Nyāya Saṃhitā'''), is the [[penal code]] in the [[India|Republic of India]].<ref>{{Cite web |date=August 11, 2023 |title=3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped |url=https://www.thehindu.com/news/national/3-bills-to-replace-ipc-crpc-indian-evidence-act-introduced-in-lok-sabha/article67183559.ece |via=www.thehindu.com}}</ref> It is a substantive law that has repealed the 164-year-old [[British Raj|British era]] [[Indian Penal Code]] (IPC) .


== Background and timeline ==
== Background and timeline ==
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On 12 December 2023, Bharatiya Nyaya (Second) Sanhita bill, 2023 was introduced in Lok Sabha.<ref>{{Cite web |title=The Bharatiya Nyaya (Second) Sanhita, 2023 |url=https://prsindia.org/billtrack/the-bharatiya-nyaya-second-sanhita-2023 |access-date=2023-12-13 |website=PRS Legislative Research |language=en-US}}</ref>
On 12 December 2023, Bharatiya Nyaya (Second) Sanhita bill, 2023 was introduced in Lok Sabha.<ref>{{Cite web |title=The Bharatiya Nyaya (Second) Sanhita, 2023 |url=https://prsindia.org/billtrack/the-bharatiya-nyaya-second-sanhita-2023 |access-date=2023-12-13 |website=PRS Legislative Research |language=en-US}}</ref>


On 20 December 2023, Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Lok Sabha.<ref>{{Cite web |title=LS passes Bharatiya Nyaya Sanhita Bill; Amit Shah says it focuses on justice rather than punishment |url=https://www.newindianexpress.com/nation/2023/dec/20/ls-passes-bharatiya-nyayasanhita-bill-amit-shah-says-it-focuses-on-justice-rather-than-punishment-2643323.html |access-date=2023-12-20 |website=The New Indian Express}}</ref>
On 20 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was passed in Lok Sabha.<ref>{{Cite web |title=LS passes Bharatiya Nyaya Sanhita Bill; Amit Shah says it focuses on justice rather than punishment |url=https://www.newindianexpress.com/nation/2023/dec/20/ls-passes-bharatiya-nyayasanhita-bill-amit-shah-says-it-focuses-on-justice-rather-than-punishment-2643323.html |access-date=2023-12-20 |website=The New Indian Express}}</ref>


On 21 December 2023, Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya Sabha.
On 21 December 2023, Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya Sabha.


On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita bill, 2023 has received the assent of the President of India.<ref>{{Cite web |last=Desk |first=DH Web |title=Bills to replace criminal codes enacted into law as President Murmu gives nod |url=https://www.deccanherald.com/india/bills-to-replace-criminal-codes-enacted-into-law-as-president-murmu-gives-nod-2824616 |access-date=2023-12-25 |website=Deccan Herald |language=en}}</ref>
On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill 2023 received the assent of the President of India.<ref>{{Cite web |last=Desk |first=DH Web |title=Bills to replace criminal codes enacted into law as President Murmu gives nod |url=https://www.deccanherald.com/india/bills-to-replace-criminal-codes-enacted-into-law-as-president-murmu-gives-nod-2824616 |access-date=2023-12-25 |website=Deccan Herald |language=en}}</ref>


=== Changes ===
=== Changes ===
The following are some of the features that proponents of the Bharatiya Nyaya Sanhita Bill, 2023, will make to the Indian legal system:
The following are some of the features that the Bharatiya Nyaya Sanhita has made to the Indian legal system:

Twenty new offences have been added to the BNS. Nineteen provisions in the repealed IPC have also been dropped. The punishment of imprisonment has been increased for 33 offences, and fines have been increased for 83 offences. A mandatory minimum punishment has been introduced for 23 offences. Punishment of ''community service'' has been introduced in six offences<ref>{{Cite web |last=News Desk |first=India |title=Explained: Bharatiya Nyaya Sanhita, the new IPC, and the concerns around it |url=https://www.financialexpress.com/india-news/what-issues-surround-bharatiya-nyaya-sanhita-criminal-bill-ipc/3344566/ |access-date=2023-12-31 |website=Financial Express |language=en}}</ref>.


* '''Offences against the body''': The BNS retains the provisions of the IPC on murder, abetment of suicide, assault and causing grievous hurt. It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds.
* '''Offences against the body''': The BNS retains the provisions of the IPC on murder, abetment of suicide, assault and causing grievous hurt. It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds.


* '''Sexual offences against women:''' The BNS 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 a major, in the case of gangrape, from 16 to 18 years of age.
* '''Sexual offences against women:''' The BNS 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 a major, in the case of gang rape, from 16 to 18 years of age.
* '''Offences against property:''' The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud.
* '''Offences against property:''' The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud.
* '''Offences against the state:''' The BNS removes sedition as an offence. Instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India.
* '''Offences against the state:''' The BNS removes sedition as an offence. Instead, there is a new offence for acts endangering India's sovereignty, unity and integrity.
* '''Offences against the public:''' The BNS adds new offences such as environmental pollution and human trafficking.
* '''Offences against the public:''' The BNS adds new offences such as environmental pollution and human trafficking.


== Structure ==
== Structure ==
The Bharatiya Nyaya Sanhita is subdivided into 20 chapters consisting of 358 clauses.The structure of code is similar to the Indian Penal Code. The outline of the Sanhita is as follows:<ref>[https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nyaya_Sanhita,_2023.pdf The Bharatiya Nyaya Sanhita, 2023] , PSR India</ref>
The Bharatiya Nyaya Sanhita is subdivided into 20 chapters consisting of 358 clauses. The structure of the code is similar to the Indian Penal Code. The outline of the Sanhita is as follows:<ref>[https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nyaya_Sanhita,_2023.pdf The Bharatiya Nyaya Sanhita, 2023] , PSR India</ref>
{| class="wikitable"
{| class="wikitable"
|+The Bharatiya Nyaya Sanhita, 2023
|+The Bharatiya Nyaya Sanhita, 2023
Line 116: Line 118:


* ''Of Sexual Offences (63 to 72)''
* ''Of Sexual Offences (63 to 72)''
* ''Of Criminal force and Assault against Women (73 to 78)''
* ''Of Criminal Force and Assault against Women (73 to 78)''
* ''Of Offences relating to Marriage (79 to 85)''
* ''Of Offences relating to Marriage (79 to 85)''
* ''Of the Causing of Miscarriage, etc. (86 to 97)''
* ''Of the Causing of Miscarriage, etc. (86 to 97)''
Line 122: Line 124:
|Chapter 6
|Chapter 6
|Clauses 98 to 144
|Clauses 98 to 144
|Of Offences affecting the Human Body
|Of Offences Affecting the Human Body


* ''Of Offences affecting Life (98 to 111j''
* ''Of Offences Affecting Life (98 to 111j''
* ''Of Hurt (112 to 125)''
* ''Of Hurt (112 to 125)''
* ''Of Criminal Force and Assault (126 to 134)''
* ''Of Criminal Force and Assault (126 to 134)''
Line 159: Line 161:
|Chapter 14
|Chapter 14
|Clauses 225 to 267
|Clauses 225 to 267
|Of False Evidences and Offences against Public Justice.
|Of False Evidence and Offences against Public Justice.
|-
|-
|Chapter 15
|Chapter 15
Line 197: Line 199:
* ''Intimidation, Insult and Annoyance (349 to 353)''
* ''Intimidation, Insult and Annoyance (349 to 353)''
* ''Of Defamation (354)''
* ''Of Defamation (354)''
* ''Of breach of contract to attend on and supply wants of helpless person (355)''
* ''Of breach of contract to attend on and supply wants of the helpless person (355)''
* ''Repeal and Savings (356)''
* ''Repeal and Savings (356)''
|}
|}

Revision as of 03:48, 31 December 2023

Bharatiya Nyaya Sanhita
Parliament of India
  • A Bill to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
CitationBill No. 173 of 2023
Territorial extent India
Passed byLok Sabha
Passed20 December 2023
Considered byRajya Sabha
Passed21 December 2023
Assented to byPresident, Droupadi Murmu
Assented to25 December 2023
Legislative history
First chamber: Lok Sabha
Bill titleThe Bharatiya Nyaya (Second) Sanhita Bill-2023
Bill citationBill No. 173 of 2023
Introduced byHome Minister, Amit Shah
Introduced12 December 2023
Committee responsibleParliamentary Standing Committee
Passed20 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Second chamber: Rajya Sabha
Received from the Lok Sabha20 December 2023
Member(s) in chargeHome Minister, Amit Shah
Passed21 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Final stages
Finally passed both chambers21 December 2023
Repeals
Indian Penal Code
Related legislation
Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Act, 2023
Summary
The bill seeks to replace the entire Indian Penal Code and to provide a new approach for penalties and punishments for crimes defined under a new pattern.
Status: Not yet in force

The Bharatiya Nyaya Sanhita lit. 'Indian Justice Code', (IAST: Bhāratīya Nyāya Saṃhitā), is the penal code in the Republic of India.[1] It is a substantive law that has repealed the 164-year-old British era Indian Penal Code (IPC) .

Background and timeline

On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the Bharatiya Nyaya Sanhita Bill, 2023 in Lok Sabha.

On 12 December 2023, Bharatiya Nyaya Sanhita bill, 2023 was withdrawn.

On 12 December 2023, Bharatiya Nyaya (Second) Sanhita bill, 2023 was introduced in Lok Sabha.[2]

On 20 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was passed in Lok Sabha.[3]

On 21 December 2023, Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya Sabha.

On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill 2023 received the assent of the President of India.[4]

Changes

The following are some of the features that the Bharatiya Nyaya Sanhita has made to the Indian legal system:

Twenty new offences have been added to the BNS. Nineteen provisions in the repealed IPC have also been dropped. The punishment of imprisonment has been increased for 33 offences, and fines have been increased for 83 offences. A mandatory minimum punishment has been introduced for 23 offences. Punishment of community service has been introduced in six offences[5].

  • Offences against the body: The BNS retains the provisions of the IPC on murder, abetment of suicide, assault and causing grievous hurt. It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds.
  • Sexual offences against women: The BNS 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 a major, in the case of gang rape, from 16 to 18 years of age.
  • Offences against property: The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud.
  • Offences against the state: The BNS removes sedition as an offence. Instead, there is a new offence for acts endangering India's sovereignty, unity and integrity.
  • Offences against the public: The BNS adds new offences such as environmental pollution and human trafficking.

Structure

The Bharatiya Nyaya Sanhita is subdivided into 20 chapters consisting of 358 clauses. The structure of the code is similar to the Indian Penal Code. The outline of the Sanhita is as follows:[6]

The Bharatiya Nyaya Sanhita, 2023
Chapters Clauses Classification of Offences
Chapter 1 Clauses 1 to 3 Preliminary
Chapter 2 Clauses 4 to 13 Of Punishments
Chapter 3 Clauses 14 to 44 General Exceptions  

of the Right to Private Defence (sections 34 to 44)

Chapter 4 Clauses 45 to 62 Of Abetment, Criminal Conspiracy and Attempt
Chapter 5 Clauses 63 to 97 Of Offences against Women and Children
  • Of Sexual Offences (63 to 72)
  • Of Criminal Force and Assault against Women (73 to 78)
  • Of Offences relating to Marriage (79 to 85)
  • Of the Causing of Miscarriage, etc. (86 to 97)
Chapter 6 Clauses 98 to 144 Of Offences Affecting the Human Body
  • Of Offences Affecting Life (98 to 111j
  • Of Hurt (112 to 125)
  • Of Criminal Force and Assault (126 to 134)
  • Of Kidnapping, Abduction, Slavery and Forced Labour (135 to 144)
Chapter 7 Clauses 145 to 156 Of Offences Against the State
Chapter 8 Clauses 157 to 166 Of Offences Relating to the Army, Navy and Air Force
Chapter 9 Clauses 167 to 175 Of Offences Relating to Elections
Chapter 10 Clauses 176 to 186 Of Offences Relating to Coins, Bank Notes, Currency Notes and Government Stamps
Chapter 11 Clauses 187 to 195 Of Offences Against the Public Tranquility
Chapter 12 Clauses 196 to 203 Of Offences by Or Relating to Public Servants
Chapter 13 Clauses 204 to 224 Of Contempt of Lawful Authority of Public Servants
Chapter 14 Clauses 225 to 267 Of False Evidence and Offences against Public Justice.
Chapter 15 Clauses 268 to 295 Of Offences affecting the Public Health, Safety, Convince, Decency and Morals
Chapter 16 Clauses 296 to 300 Of Offences Relating to Religion
Chapter 17 Clauses 301 to 332 Of Offences against Property
  • Of Theft (301 to 305)
  • Of Extortion (306)
  • Of Robbery and Dacoity (307 to 311)
  • Of Criminal Misappropriation of Property (312 and 313)
  • Of Criminal Breach of Trust (314)
  • Of the Receiving of Stolen Property (315)
  • Of Cheating (316 and 317)
  • Of Fundamental Deeds and Disposition of Property (318 to 321)
  • Of Mischief (322 to 326)
  • Of Criminal Trespass (326 to 332)
Chapter 18 Clauses 333 to 348 Of Offences Relating to Documents and to Property Marks
  • Of Documents (333 to 343)
  • Of Property Marks (344 to 348)
Chapter 19 Clauses 349 to 356 Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc
  • Intimidation, Insult and Annoyance (349 to 353)
  • Of Defamation (354)
  • Of breach of contract to attend on and supply wants of the helpless person (355)
  • Repeal and Savings (356)

Technical issues to be resolved

Officials have been quoted as saying that without the necessary resources and adequate police training, it will take months for the laws to become effective. Accordingly, the news quoted several police officials saying that confusion prevailed in police stations and courts regarding implementing the new law. Quoting senior government officials, the news said that the laws would have to be implemented simultaneously in the States and Union Territories, and there could not be different dates.

Although the 2023 December 25 notification says the rules will come into effect on such date as the Central Government may by notification in the official gazette appoint, implementation of the new rules will not be easy until the technical issues, including changes to the computer software currently used by about 95% of police stations across the country, are resolved[7].

See also

References

  1. ^ "3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped". 11 August 2023 – via www.thehindu.com.
  2. ^ "The Bharatiya Nyaya (Second) Sanhita, 2023". PRS Legislative Research. Retrieved 13 December 2023.
  3. ^ "LS passes Bharatiya Nyaya Sanhita Bill; Amit Shah says it focuses on justice rather than punishment". The New Indian Express. Retrieved 20 December 2023.
  4. ^ Desk, DH Web. "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. Retrieved 25 December 2023. {{cite web}}: |last= has generic name (help)
  5. ^ News Desk, India. "Explained: Bharatiya Nyaya Sanhita, the new IPC, and the concerns around it". Financial Express. Retrieved 31 December 2023.
  6. ^ The Bharatiya Nyaya Sanhita, 2023 , PSR India
  7. ^ "Despite gazette notification, confusion over implementation of newly-enacted criminal laws". 26 December 2023 – via www.thehindu.com.
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