Bharatiya Nyaya Sanhita

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Bharatiya Nyaya Sanhita
Emblem of India.svg
Parliament of India
  • An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
CitationAct No. 45 of 2023
Territorial extentFlag of India.svg  India
Passed by Lok Sabha
Passed20 December 2023
Passed by Rajya Sabha
Passed21 December 2023
Assented to by President of India
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 by Home 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
Bill titleThe Bharatiya Nyaya (Second) Sanhita Bill, 2023
Received from the Lok Sabha 20 December 2023
Member(s) in charge Home 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: In force

The Bharatiya Nyaya Sanhita (BNS) is the official criminal code in the Republic of India. It was introduced in December 2023 to replace the Indian Penal Code (IPC), which dated back to the period of British India. It will come in effect on July 1, 2024.

Contents

Background and timeline

Changes

In the BNS, 20 new offences have been added to and 19 provisions in the repealed IPC have been dropped.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. A sentence of community service has been introduced for six offences. [4]

Structure

The Bharatiya Nyaya Sanhita comprises 20 chapters and 358 sections. Its structure is similar to that of the IPC. The outline of the Sanhita is as follows: [5] [6]

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

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

Chapter 4Clauses 45 to 62Of Abetment, Criminal Conspiracy and Attempt
Chapter 5Clauses 63 to 97Of 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 6Clauses 98 to 144Of Offences Affecting the Human Body
  • Of Offences Affecting Life (98 to 111)
  • Of Hurt (112 to 125)
  • Of Criminal Force and Assault (126 to 134)
  • Of Kidnapping, Abduction, Slavery and Forced Labour (135 to 144)
Chapter 7Clauses 145 to 156Of Offences Against the State
Chapter 8Clauses 157 to 166Of Offences Relating to the Army, Navy and Air Force
Chapter 9Clauses 167 to 175Of Offences Relating to Elections
Chapter 10Clauses 176 to 186Of Offences Relating to Coins, Bank Notes, Currency Notes and Government Stamps
Chapter 11Clauses 187 to 195Of Offences Against the Public Tranquility
Chapter 12Clauses 196 to 203Of Offences by Or Relating to Public Servants
Chapter 13Clauses 204 to 224Of Contempt of Lawful Authority of Public Servants
Chapter 14Clauses 225 to 267Of False Evidence and Offences against Public Justice.
Chapter 15Clauses 268 to 295Of Offences affecting the Public Health, Safety, Convince, Decency and Morals
Chapter 16Clauses 296 to 300Of Offences Relating to Religion
Chapter 17Clauses 301 to 332Of 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 18Clauses 333 to 348Of Offences Relating to Documents and to Property Marks
  • Of Documents (333 to 343)
  • Of Property Marks (344 to 348)
Chapter 19Clauses 349 to 356Of 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)

See also

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References

  1. "The Bharatiya Nyaya (Second) Sanhita, 2023". PRS Legislative Research. Retrieved 13 December 2023.
  2. "LS passes Bharatiya Nyaya Sanhita Bill; Amit Shah says it focuses on justice rather than punishment". The New Indian Express. Archived from the original on 20 December 2023. Retrieved 20 December 2023.
  3. Desk, DH Web. "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. Retrieved 25 December 2023.
  4. News Desk, India (21 December 2023). "Explained: Bharatiya Nyaya Sanhita, the new IPC, and the concerns around it". Financial Express. Retrieved 31 December 2023.
  5. The Bharatiya Nyaya Sanhita, 2023, PSR India, 10 August 2023
  6. The Bharatiya Nyaya Sanhita, 2023