BHARTIYA NYAYA SANHITA,2023

(BNS)
 BHARATIYA NYAYA SANHITA
• Penal code for the Republic of India
• Repealed the 164 year old British era IPC
• On 11th August 2023 , Minister of Home Affairs introduced the BNS Bill in Lok Sabha and
withdrawn on 12-12-2023
• Again on 12-12-2023 Bharatiya Nyaya (Second) Sanhita bill 2023 was introduced in Lok Sabha
• The new criminal Code bills, focusing on justice rather than punishment were passed by
the Lok Sabha on 20-12-2023 and Rajya Sabha on 21-12-2023 and the same got the
consent from the President of India on 25-12-2023 (No 45 of 2023)
• These Acts are now taken a paradigm shift towards a more human approach.
• The laws prioritize justice, equality and fairness addressing loopholes in existing
legislation.
• The Bharatiya Nyaya (Second) Sanhita, 2023 (20 Chapters with 358 sections) replacing
IPC, 1860.
• 20 new offences have been added in the BNS
• 19 provisions in the repealed IPC have also been dropped.
• The punishment of imprisonment has been increased for 33
offences.
• Fines have been increased for 83 offences
• A mandatory minimum punishment has been introduced for 23
offences.
• Punishment of community service in 6 offences
 IPC VS BNS

• Total no. of sections in BNS – 358

• No of Chapters in BNS – 20
• Total no. of sections in IPC – 511
• No of Chapters in IPC – 23
 Reforms in Crime Against women and child
• Chapter V of Bharatiya Nyaya Sanhita (Second), 2023 deals with “Reforms in Crime
Against women and child.”
• Sections from 63 to 99 in BNS (Second), 2023 contain various offences
• Of Sexual offences ( Sec 63 to 72 )
• Of Criminal force and assault against women ( Sec 73 to 79 )
• Of offences relating to marriage (Sec 80 to 87 )
• Of the causing of miscarriage,etc ( Sec 88 to Sec 92 )
• Of offences against children ( Sec 93 to 99 )
 Criminal force against women
• The BNS retains the provisions of the IPC on rape, voyeurism,(IPC 354C: BNS
Sec.77) stalking (IPC 354D: BNS Sec.78) and insulting the modesty of a
woman.(IPC.509: BNS Sec.79)
• Sec.73 :Printing or Publishing Trial Court Proceeding Relating to Sexual Offences
without Permission of Court is an Offence liable for imprisonment which may
extend to 2 years and liable for fine.
• All the offences relating to rape, sexual intercourse by husband upon his wife
during separation,
• Sexual intercourse by person in authority,
• Sexual intercourse by employing deceitful means, gang rape etc
• Publishing the Judgement of any High Court or the Supreme Court does not
amount to an offence within the meaning of this clause.
• BNS retains Section 498 of IPC as Sec. 84 which penalizes a man for enticing the
wife of another man so that she may have intercourse with any person.
 New Provisions Table in BNS (Second), 2023
Section Heading Description IPC, 1860
2(3) “Child” “Child” means any person below the ‘Minor girl’ in
age of eighteen years. Sec.366A
2(10) ‘Transgender’ Has been defined in accordance IPC 2(10)
with Transgender Persons
(Protection of Rights) act, 2019
69 Sexual intercourse by employing deceitful By deceitful means or by making -------
means etc., promise to marry have a sexual
intercourse(without fulfilling the
same) not amounting to rape,
punishable up to 10 years and fine.

95 Hiring, employing or engaging a child to Including sexual exploitation or --------

commit an offence pornography.
 Newly added sections
Sec 69. Sexual intercourse by employing deceitful means, etc.
Whoever, by deceitful means or by making promise to marry to a woman without
any intention of fulfilling the same, has sexual intercourse with her, such sexual
intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to ten years and
shall also be liable to fine.

Explanation.—“deceitful means” shall include inducement for, or false promise of

employment or promotion, or marrying by suppressing identity.
95. Hiring, employing or engaging a child to commit an offence.
Whoever hires, employs or engages any child to commit an offence shall be
punished with imprisonment of either description which shall not be less than
three years but which may extend to ten years, and with fine; and if the offence
be committed shall also be punished with the punishment provided for that
offence as if the offence has been committed by such person himself.

Explanation.—Hiring, employing, engaging or using a child for sexual

exploitation or pornography is covered within the meaning of this section.
 offences against Woman and Child:
Modification’s
o Sec 63. Rape
o Exception 2.–– Sexual intercourse or sexual acts by a man with his own wife, the wife
not being under eighteen years of age, is not rape.( 15 years Rape Now….) – Under
Section 375 of IPC the age limit was 15 Years.
▶ The earlier age of 15 years has been increased to 18 years. (SC 2017
Independent Thought Vs Union of India)
▶ Age-based parameter for differential punishment for gang rape of a
minor girl has been removed in the BNS, 2023.

o Section 70(2)- Gang rape of minor girl below 18 years is punishable with death.

o Of criminal force and assault against woman:

▶ Sections 76 and 77 of BNS, 2023 - The offence of ‘disrobing’ and ‘Voyeurism’
▶ Of offences against child:
▶Section 137(1)(b) (361 IPC)- Kidnapping from lawful guardianship
 The earlier distinction in age for a girl (18 years) and boy (16 years) has been
replaced with the uniform age of 18 years by using the expression ‘child’ in the
section.
▶Section 139 (363A IPC)- Kidnapping or maiming a child for purposes of begging
 Earlier different age was prescribed for girl (18 years) and boy (16 years). Now
uniform age of 18 years is prescribed.
▶Section 96 (366A IPC) – ‘Procuration’ is made gender neutral- ‘minor girl’ is
replaced with ‘child’
▶ Section 141 (366B IPC) Importation from foreign country- Earlier only girl under the
age of 21 years was prescribed. Now the boy under the age of 18 years is also
included.
 Punishment increased
S.No. Section of BNS Crime description Punishment IPC, 1860
(Second), 2023
1 Sec.99 Buying child for purposes of 7 years to 14 Sec.373 may extend to 10
prostitution, etc., years and fine years and fine
 Mandatory minimum punishment introduced

S.No. Section of BNS Crime description Punishment IPC, 1860 and punishment
(Second), 2023 thereof.
1 Sec.99 Buying child for purposes of Shall not be less Sec.373 – up to 10 years
prostitution etc., than 7-14 years and fine
and fine
 BNSS Provision
• Sec.218: Prosecution of Judges and public servants: It provides that
when any person who is or was a judge or Magistrate or a public
servant not removable from his office save by or with the sanction of
the Government is accused of any offence alleged to have been
committed by him while acting or purporting to act in the discharge
of his official duty, under certain exceptions, no Court shall take
cognizance of such offence except with the previous sanction save as
otherwise provided in the Lokpal and Lokayukthas Act, 2013 by the
Central or State Government.
• Provided also that no sanction shall be required in case of a
public servant accused of any offence alleged to have been
committed under Sections,
64,65,66,68,69,70,71,74,75,76,77,78,79,143,199 or 200 of
BNS,2023.
BNS Content Punishment
Sec
64 Punishment for Rape (376 of IPC—10 years or life & fine) 10 years to life and fine
65 Punishment for Rape in certain cases (376AB---<12 years of age, 20 (1)<16 years-20 yrs to life
years or life or with death) & Fine
(2)<12 years -20 yrs, or life
& fine or with death
66 Punishment for causing death or resulting in persistent vegetative 20 yrs or life or with death
state of victim (376A of IPC—20yrs or life or with death)
68 Sexual intercourse by a person in authority (376C of IPC—5 yrs to 10 5 yrs to 10 yrs & fine
yrs & fine)
69 Sexual intercourse by employing deceitful means, (NEW SECTION) 10 yrs and fine
70 Gang Rape (IPC 376D—20 yrs or life and fine) 20 yrs or life and fine
71 Punishment for repeat offenders (IPC 376E-- Life or with death) Life or with death
BNS Content Punishment
Sec

74 Assault or use of criminal force to woman with intent to outrage her 1-5 years and fine
modesty (IPC 354—1 to 5 years and fine)
75 Sexual harassment (i)Physical contact,(ii) demand or request for 3 years or fine or both
sexual favour (iii) showing pornography against the will of a
woman(iv) Sexually coloured remarks (IPC 354A—3 years or fine or
both)

76 Assault or use of criminal force to woman with intent to disrobe 3 to 7 years & fine
(IPC 354B—3-7 years & fine)
77 Voyeurism (IPC 354C—3 to 7 years and fine) 3 to 7 years and fine
78 Stalking ( IPC 354D—3 yrs and fine and 2nd time 5yrs and fine) 3 yrs and fine
5 yrs and fine (2nd time)
 Content Punishment
BNS
Sec
79 Word, gesture or act intended to insult modesty of a 3 yrs and fine
woman (IPC 509—3 yrs and fine)
143 Trafficking of person (IPC 370—7-10 yrs and fine) life 7-10 yrs and fine
also if more than one person trafficking offence (life also if more
than one
199 Public servant disobeying direction under law (IPC 6 months to 2 years
166A—6 months to 2 years and fine) and fine
200 Punishment for non treatment of victim (IPC 166B—1 1 year or fine or
year or fine or both both
• Sec.219: Prosecution for offences against
marriage: it provides that under certain
exceptions no Court shall take cognizance of an
offence punishable under sections 81 to 84
(both inclusive) of the BNS,2023 except upon a
complaint made by some person aggrieved by
the offence.
• Sec.220: Prosecution of offences under Sec.85(Husband or
relative cruelty) of BNS,2023: It provides that no Court shall take
cognizance of an offence under that section except upon a police
report or complaint made by the person specified therein. (IPC
498A)
• Sec.221: Cognizance of offence: No court shall take cognizance of
an offence punishable under sec.67 of the BNS where the
persons are in a marital relationship, except upon prima facie
satisfaction of the facts which constitute the offence upon a
complaint having been filed or made by the wife against the
husband.
BNS has not addressed several recommendations made by the Justice Verma Committee
(2013) and Supreme Court on reforming offences against women.
Some of them like:

Recommendations Whether incorporated in BNS

Rape (IPC Sec.375) Rape should not be No.
limited to penetration of the vagina, mouth Original provision retained in
or anus. Any non-consensual penetration of Sec. 63
a sexual nature should be included in the
definition of rape.
Exception to marital rape should be removed
Words, gesture, or act intended to insult No.
modest of woman (IPC Sec.509)- the section Original provision retained in
should be repealed. The offence of eve- Sec 78.
teasing can be charged under Sec.354 of the
IPC. Remove the terminology ‘modesty of
women’ from the IPC
Recommendations Whether incorporated in BNS
Assault or use of criminal force on woman with No.
intent to disrobe (IPC Sec.354 B)—Penalty should be Penalty is imprisonment for at least three
increased to imprisonment for at least five years up years up to seven years (Sec. 75)
to 10 years
Adultery (IPC Sec.497)—the section violates Articles Yes.
14 and 21. It creates a distinction between men and Adultery has been omitted. However, BNS
women based on gender stereotypes, and is retains Sec.498 of the IPC (Sec. 84) which
arbitrary. Adultery should not be treated as an penalises a man for enticing the wife of
offence as it violates the right to privacy. another man so that she may have
intercourse with any person. (2 years
imprisonment or fine or both)