Bharatiya Nyaya Sanhita – A Brief Introduction

All those in the legal fraternity who wept tears while cramming the provisions of the Indian Penal Code were devastated when they came to know about the advent of new criminal laws. Everyone was clueless on how to start with them. While Indian Penal Code had become a habit, it was time to embrace the Bharatiya Nyaya Sanhita. Those who still have no clue on what is there in the BNS, here we come with another legal blog to assist. Get acquainted with the major blocks on Bharatiya Nyaya Sanhita and the frequently asked queries in this regard. 

What is Bharatiya Nyaya Sanhita, 2023?

Colonial laws have been there for more than a decade, and we all became habitual. The legal terms and sections had comfortably reached the common man, through movie dialogues (dafaa 302 ke tehet faansi ki sazaa) or casual expressions (Char Sau Bisi kar raha hai), etc. Indian Penal Code was the name, which has been replaced by the Bharatiya Nyaya Sanhita, 2023. The new criminal laws were proposed in August 2023, passed in December 2023, and came into force on July 1, 2024. While some call it “Old wine in a new bottle”, some major changes have been introduced. A new punishment has been added, offences are revisited, some of them being completely deleted, while some others revamped. Bharatiya Nyaya Sanhita, as alleged by the government, aims at providing justice (Nyaya). 

What are the objectives of Bharatiya Naya Sanhita?

As expressed by the Union Minister of Home Affairs, Shri Amit Shah, the new criminal laws, and the BNS was particularly aimed at modernizing the criminal justice system as against the colonial laws under the Indian Penal Code. It further prioritizes justice for victims, as against the penal nature of IPC. 

How many Sections are there in Bharatiya Nyaya Sanhita?

The BNS 2023 consists of 358 sections spread across 20 chapters. The Indian Penal Code comprised 511 sections. The difference in number of sections should not be taken in a way that some offences are no longer an offence. The fact is that the provisions have been revamped, and some of the provisions spread across multiple sections have been made compact into one. Definitions which were spread numerously have been compiled under the definition clause, which was not there under the IPC.   

Famous Sections of IPC under BNS

Also check – Section 69 of BNS

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What is defamation under Bharatiya Nyaya Sanhita?

Some people assume that the provision regarding harm to reputation resulting in criminal defamation has been removed or changed under the new criminal laws. However, the only difference under the Bharatiya Nyaya Sanhita is that the provision under Section 499 to 502 of the Indian Penal Code, 1860 has been packed under Section 356 of the BNS.

Is Bharatiya Naya Sanhita gender neutral?

For some of the offences related to children, Bharatiya Nyaya Sanhita reflects a gender neutral approach. For example, Section 366A of IPC talked about “Procuration of minor girl”, Section 96 lays identical provision regarding “Procuration of child”. In other words, while some provisions under IPC made crime against a minor girl child an offence, the male children were not covered. To address this menace, BNS makes such provisions gender neutral. However, it may be noted that provisions like rape, cruelty against married women, sexual harassment, stalking, etc. still remain an offence when committed against a woman, and are not gender neutral. 

Has BNS replaced IPC?

Yes. Section 358 of the BNS expressly states that “The Indian Penal Code is hereby repealed”. With the Bharatiya Nyaya Sanhita coming into force on July 1, 2024, the Indian Penal Code is no longer applicable. For provisions which are identical under the BNS and IPC, there is no change. However, for offences wherein the language is changed, or the punishment is increased or decreased under BNS, the same is applicable. 

What is punishment under BNS?

The kinds of punishments under BNS are almost the same, with the addition of community service as another punishment for offences wherein discretion is granted to the Courts. In some offences, the term of imprisonment or the fine imposed has been increased based on modern times. 

What is Section 498A under the Bharatiya Naya Sanhita?

Section 498A of the Indian Penal Code has been divided under Sections 85 and 86 of the Bharatiya Nyaya Sanhita. While Section 85 provides punishment for husband or his relatives subjecting a married woman to cruelty, Section 86 defines what constitutes cruelty. While one Section has been divided into two, the provision remains verbatim. However, there were news reports reflecting that the government may reconsider the provision after repetitive debates on misuse of cruelty provision by married women.