Bhartiya Nyaya Sanhita contains total 356 provisions.
Section 48: Abetment outside India for offence in India
A person abets an offence within the meaning of this Sanhita who, without and beyond India,
abets the commission of any act in India which would constitute an offence if committed in
India.
Section 69: Sexual intercourse by employing deceitful means, etc
Whoever, by deceitful means or making by promise to marry to a woman without any intention
of fulfilling the same, and 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.
“deceitful means” shall include the false promise of employment or promotion, inducement or
marring after suppressing identity.
Section 70(2): Gang Rape
Where a woman under eighteen years of age is raped by one or more persons constituting a
group or acting in furtherance of a common intention, each of those persons shall be deemed to
have committed the offence of rape and shall be punished with imprisonment for life, which shall
mean imprisonment for the remainder of that person’s natural life, and with fine, or with death
Section 93: Hiring, employing or engaging a child to commit an offence.
Whoever hires, employs or engages any person below the age of eighteen years to commit an
offence shall be punished with imprisonment of either description or fine provided for that
offence as if the offence has been committed by such person himself.
Section 101 (2): Punishment for murder.
When a group of five or more persons acting in concert commits murder on the ground of race,
caste or community, sex, place of birth, language, personal belief or any other ground each
member of such group shall be punished with death or with imprisonment for life or
imprisonment for a term which shall not be less than seven years, and shall also be liable to fine.
The offence of Mob Lynching, though not separately defined, is punishable under the same
provision as murder – Section 101. Section 101 of the proposed code provides punishment for
murder on the ground of race, caste or community, sex, place of birth, language, personal belief
or any other ground’.
Section104 (2): Causing death by negligence.
Whoever causes death of any person by doing any rash or negligent act not amounting to
culpable homicide and escapes from the scene of incident or fails to report the incident to a
Police officer or Magistrate soon after the incident, shall be punished with imprisonment of
either description of a term which may extend to ten years, and shall also be liable to fine.
Section 109: Organised crime.
Section 109(1) of BNS defines organised crime as ongoing illegal activities carried out by
individuals or groups in a coordinated manner to gain financial or material benefits using
violence, threats, intimidation, or other unlawful means.
According to Section 109(2), anyone who attempts to commit or commits an organized crime
resulting in death will be subject to the punishment of death penalty or life imprisonment, along
with a fine of no less than ₹10 lakh.
In cases where the act does not result in death, the individual or individuals involved shall be
liable for imprisonment for a minimum of five years, which may extend to life imprisonment, in
addition to a fine of not less than ₹5 lakh.
Sections 109(3) to 109(7) encompass provisions detailing the punishments applicable in cases of
aiding, abetting, membership, harboring an offender, or possession of property linked to
organized crime.
Section 110: Petty organised crime or organised crime in general.
Section 111: Offence if terrorist act
As per Section 111(1), a person is considered to have committed a terrorist act if they
intentionally engage in an action to threaten the unity, integrity and security of India:
- By using lethal means to create fear, cause death, harm individuals, or endanger lives
- By causing damage or disruption to public or private property
- By damaging or destroying critical infrastructure, disrupting vital systems.
- By intimidating the government or its organizations, potentially causing death or injury to
public officials, compelling government actions, or destabilizing the country’s structures.
Acts included within the scope of any of the treaties listed in the Second Schedule to the
Unlawful Activities (Prevention) Act, 1967 have also been included.
As per Section 111(2), anyone who attempts to commit or commits a terrorist act resulting in
death will be subject to the punishment of death or life imprisonment without the benefit of
parole, along with a fine of no less than ₹10 lakh.
In cases where the act does not result in death, the individual or individuals involved shall be
liable for imprisonment for a minimum of five years, which may extend to life imprisonment, in
addition to a fine of not less than ₹5 lakh.
Sections 111(3) to 111(5) are provisions dealing with punishments applicable in cases of aiding,
abetting, membership or harboring an offender linked to a terrorist act.
Sections 109,110 and 111 are lengthy, therefore only the comments have been written for
said sections.
Section 115: Voluntarily causing grievous hurt.
(3) Whoever commits an offence under sub-section (1) and in the course of such commission
causes any hurt to a person which causes that person to be in permanent disability or in persistent
vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less
than ten years but which may extend to imprisonment for life, which shall mean imprisonment
for the remainder of that person’s natural life.
(4) When grievous hurt of a person is caused by a group of five or more persons on the ground of
his, race, caste, sex, place of birth, language, personal belief or any other ground, each member
of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
Section 150: Acts endangering sovereignty unity and integrity of India.
Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible
representation, or by electronic communication or by use of financial mean, or otherwise, excites
or attempts to excite, secession or armed rebellion or subversive activities, or encourages
feelings of separatist activities or endangers sovereignty or unity and integrity of India; or
indulges in or commits any such act shall be punished with imprisonment for life or with
imprisonment which may extend to seven years and shall also be liable to fine.
While Sedition was punishable with imprisonment for life or imprisonment for upto 3 years,
Section 150 of the proposed code punishes the offence with life imprisonment of imprisonment
for upto 7 years.
Section 195 (1) (d): Imputations, assertions prejudicial to national integration.
Whoever, by words either spoken or written or by signs or by visible representations or through
electronic communication or otherwise:
makes or publishes false or misleading information jeopardising the sovereignty unity and
integrity or security of India, shall be punished with imprisonment which may extend to three
years, or with fine, or with both.
Section 224: Attempt to commit suicide to compel or restraint exercise of lawful power.
Whoever attempts to commit suicide with the intent to compel or restrain any public servant
from discharging his official duty shall be punished with simple imprisonment for a term which
may extend to one year or with fine or with both or with community service.
Section 301 (2): Theft
Whoever commits theft shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both and in case of second or subsequent
conviction of any person under this section, he shall be punished with rigorous imprisonment for
a term which shall not be less than one year but which may extend to five years and with fine.
Section 302: Snatching
(1) Theft is “snatching” if, in order to commit theft, the offender suddenly or quickly or forcibly
seizes or secures or grabs or takes away from any person or from his possession any moveable
property.
(2) Whoever commits snatching, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
Section 303: Theft in a dwelling house, or means of transportation or place of worship, etc
Whoever commits theft-
(a) in any building, tent or vessel used as a human dwelling or used for the custody of property;
or
(b) of any means of transport used for the transport of goods or passengers; or
(c) of any article or goods from any means of transport used for the transport of goods or
passengers; or
(d) of idol or icon in any place of worship; or
(e) of any property of the Government or of a local authority, shall be punished with
imprisonment of either description for a term which may extend to seven years and shall also be
liable to fine.
Section 322: Mischief
(3) Whoever commits mischief and thereby causes loss or damage to any property including the
property of Government or Local Authority shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both.
(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh
rupees or upwards, shall be punished with imprisonment of either description for a term which
may extend to five years, or with fine, or with both.
Section 339: Making or possessing counterfeit seal, etc., with intent to commit forgery
punishable under section 336
(3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit,
shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument
knowing or having reason to believe the same to be counterfeit, shall be punished in the same
manner as if he had made or counterfeited such seal, plate or other instrument.
The sections which have been newly incorporated are mentioned above and the provisions
which have been vomited are following. Also the comments have been added wherever
necessary. Comments are written in Italics.
Adultery:
Section 497 of IPC, which criminalized Adultery, was struck down by the Supreme Court for
being arbitrary and violating Articles 14 and 15 of the Constitution. Adultery is no longer an
offence under the proposed code.
Unnatural sexual offences:
Section 377 of the IPC, which criminalised “unnatural” carnal intercourse against the order of
nature with any man, woman or animal, was struck down by the Supreme Court in the case of
Navtej Singh Johar v. Union of India. The proposed code does not feature unnatural offences.
A new chapter dealing with offences against women and children has been added. Under the
IPC, these offences are part of the chapter dealing with offences against the human body.
Gang rape of victims under 18:
Under IPC, Section 376DA and 376DB provides punishment for gang raping a girl under 16
years of age and under 12 years of age respectively. However, under the proposed code, Section
70(2) provides that if a group of persons rapes any girl below 18 years of age, they could face
life imprisonment of even the death sentence.
Section 4(f) of the proposed code has introduced community service as a form of punishment for
petty offences.
AMENDMENT IN INDIAN BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS) BILL,
2023
CrPC has been amended several times since its enactment in 1973. The latest amendment bill,
called the Bharatiya Nagarik Suraksha Sanhita, 2023, aims to introduce some significant changes
to the CrPC. Following are the key changes:
- Greater use of technology:
Trials, appeal proceedings, recording of depositions including those of public servants
and police officers, may be held in electronic mode. The statement of the accused too can
be recorded through video-conferencing. Summons, warrants, documents, police reports,
statements of evidence can be done in electronic form. - Communication Devices:
The Bill adds electronic communication including “communication devices” to the
provision on summons to produce a document. On the directions of a court or police
officer, a person is required to produce any document/ device that is likely to contain
digital evidence for the purpose of an inquiry. - Use of Handcuffs:
A police officer may be permitted to use handcuffs while arresting a person if He is a
repeat offender who escaped from custody or he has committed an organised crime,
terrorist act, offences against the state etc. - Specific Safeguards:
Section 41A of CrPC, which has a prominent safeguard against arrests, will get a new
number, Section 35. No person can be arrested without prior permission of an officer, not
below the rank of a DSP, in cases where the offence is punishable with less than 3 years,
or if the person is above 60 years of age. On receiving information in cognizable cases,
the police officer will conduct a preliminary inquiry to ascertain whether there exists a
prima facie case to proceed within 14 days. - Mercy Petition:
There is a provision on procedures for the timeframe to file mercy petitions in death
sentence cases. After being informed by jail authorities about the disposal of the petition
of a convict sentenced to death, he, or his legal heir or relative can submit a mercy
petition within 30 days to the Governor. If rejected, the person can petition the President
within 60 days. No appeal against the order of the President shall lie in any court.
- Sanction to Prosecute:
A decision to grant or reject sanction to prosecute a public servant must be reached by the
government within 120 days of receiving a request. If the government fails to do so, the
sanction will be deemed to have been accorded. No sanction is required in cases
including sexual offences, trafficking, etc. - Arms in Possession:
Section 144A of the CrPC gives the district magistrate the power to prohibit the carrying
of arms in any procession, mass drill or mass training, to preserve the public peace. While
the provisions granting powers to the DM remain as they are in Section 144 of the CrPC,
the provision to prohibit carrying arms does not find a mention. - Samples without arrest:
The Bill has provisions for the magistrate to order any person to give samples of his
signature, handwriting, voice or finger impressions for the purpose of investigation
without being arrested. - Detention:
There are provisions for police to detain or remove any person resisting, refusing or
ignoring, or disregarding directions given as part of preventive action.
AMENDMENTS IN INDIAN EVIDENCE ACT (BHARTIYA SAKSHYA BILL, 2023)
Bharatiya Sakshya Bill contains total of 170 sections.
Incorporation of New Section:
Section 61: Admissibility of electronic or digital record.
Nothing in the Adhiniyam shall apply to deny the admissibility of an electronic or digital record
in the evidence on the ground that it is an electronic or digital record and such record shall have
the same legal effect, validity and enforceability as paper records.
The bill makes electronic or digital records admissible as evidence, giving them the same legal
effect as paper documents.
The scope of secondary evidence is expanded to include copies made from the original by
mechanical processes, counterparts of documents, and oral accounts of document contents.
