Bharatiya Nyaya Sanhita (BNS) 2023: Complete Primer & Key Changes

Bharatiya Nyaya Sanhita, 2023 modernises India’s criminal law, replacing IPC with gender-neutral, tech-aware provisions, new offences, community service, stronger protections, and updated rights and responsibilities for citizens, students, professionals, and aspirants.

Introduction

• Streamlined IPC,1860, Now BNS,2023 consists of 358 sections as opposed to 511 sections in the IPC,1860.
• Total 20 chapters as opposed to (23±3) 26 chapters in IPC,1860.
• All three incomplete category offences-Attempt, Abetment and Criminal Conspiracy are brought together under Chapter IV.
• In IPC, there was no chapter related to Offence Against Women & Children, but inBNS there is a separate chapter of Offence Against Women & Children.

Overview of Reform:-

• Over 190 minor and major changes have been introduced. Total 20 new offences have been added and total 19 provisions (including 8 offences) have been deleted.
• In 41 offences the punishment of imprisonment has been increased and in 83 offences the punishment of fine has been enhanced.
• In 23 offences mandatory minimum punishment has been introduced and in 6 offence the punishment of „Community Service‟ has been introduced.
• Colonial remnants like „British Calender‟, „Queen‟, „British India‟, „Justice of the Peace‟ have been deleted. In 44 places „Court of Justice‟ has been replaced with „Court‟.
• Previously there was not any accurate definition of Child in IPC,1860 but in BNS there is accurate definition of Child under Section 2(3)- “child” means any person below the age of eighteen years(18years).
• Another big changes related to document under Section 2(8) “Document” means any matter expressed or described upon any substance by means of letter, figure or marks or by more than one of those means and includes electronic and digital record, intended to be used or which may be used as evidence of that matter.
• Another big changes related to gender it in defined under Section 2(10) “Gender”- The pronoun „he‟ and its derivatives are used by a person whether male, female or transgender.
•  Another big changes related to “Movable Property” under Section 2(21) Movable Property includes property of every description, except land and things attach to the earth or permanently fastened (data theft will consider as theft in New Criminal Law).

Deleted Offence:-

Total 19 sections are deleted, here the list of some important deleted offences:-

• Section 153AA- Punishment for knowingly carrying arms in any procession or organizing or holding or taking part in any mass drill or mass training with arms.
• Section 124A- Sedition
• Section 236- Abetting in India the counterfeiting out of India of coin.
• Section 264 to 267- Chapter XIII: Of offences relation to weights and measures.
• Section 309- Attempt to commit suicide.
• Section 310- Thug
• Section 377- Unnatural Offence
• Section 497- Adultery(In the case of Joseph Seign, adultery had been decriminalized by Supreme Court).

Newly Added Offence: Incomplete Offence, Offence Against Women And
Child:-

• Chapter IV- Of Abetment, Criminal Conspiracy and Attempt(incomplete offence) in this chapter „Section 48‟ Abetment Outside India for Offence in India is added offence.
• Chapter V- Offences Against Women and Child in this chapter „Section 69‟ Sexual Intercourse by employing Deceitful means, etc is added offence of this chapter. Here “deceitful means” shall include inducement for or false promise of employment or promotion or marrying by suppressing identity.
• Added offence in Chapter V „Section 95‟ Hiring Employing or engaging a child to commit an offence.

Newly Added Offences: Offences Affecting Human Body:-

Chapter VI deals with the Offences Affecting Human Body. New added offence in chapter VI of BNS,2023:-

• Section 103(2)- Mob Lynching(Punishment for murder).
• Section 106(2)- Hit and Run.
• Section 111- Organized Crime(kidnapping, robbery, etc).
• Section 112- Petty Organized Crime (property related offence like theft, snaching, etc).
• Section113- Terrorist Act
• Section 117(4)- Voluntary causing grievous hurt resulting in permanent disable or in persistent vegetative state.
• Section 117(4)- Voluntarily causing grievous hurt by a group of five or more person on the ground of race, caste or community etc.

Newly Added Offences: Offences Against State, Public Tranquility and of
Contempt of the Lawful Authority of Public Servants:-

• Chapter VII: Of Offences Against State in this chapter added offence is given in Section 152 that is Acts endangering sovereignty, unity and integrity of India(this section is different from Section 124A sedition, in sedition there was no mens rea but here in this section mens rea is present and necessary.
•  Chapter XI: Of Offences Against Public Tranquility, Section 197- Imputation, assertions prejudicial to national integration. In this section new sub clause has been added that is clause (d):- makes or public false or misleading information, jeopardizing the sovereignty, unity and integrity or security of India.
• Chapter XIII: Of Contempt of the Lawful Authority of Public Servants in this chapter Section 226 is added that is Attempt to commit suicide to compel or restrain exercise of lawful power, in this section „community punishment‟ has been introduced.

Newly Added Offences: Offences Against Property:-

• Chapter XVII: Offences against property Section 304 has been added that is „Snatching‟ and Section 305 this section is as same as theft but in new provision this section is categorized in 5 clauses:-
• a) Theft in a dwelling house or means of transportation or place of worship, etc whoever commit theft.
• b) Theft of any means transport used for the transport of goods or passengers (motor vehicles theft).
• c) Theft of any means article or goods from any means of transport of goods and passangers.
• d) Theft of ideal or icon in any place of worship.
• e) Theft of any property of the government or of local authority.
• Changes in this chapter that is Section 324(3)- Mischief causing loss of government or local authority, in the value of property is more than 20,000 and less 1Lakh the punishment is more and in Section 324(5)- Mischief causing loss of 1Lakh or more here the punishment is more as comparison of Section 324(3).

Age Uniformity and Gender Neutrality:-

• Offences against child, the earlier distinction in age for a girl (16years) and boy (18years) has been replaced with the uniform age of 18years by using the expression „child‟ in the section.
• Section 96- „Procrastination‟ is made gender neutral- „minor girl‟ replaced with „child‟.

Punishment Related Reforms:-

• In 33 offences punishment of imprisonment is increased.
• In 83 offences the punishment of fine is enhanced.
• In 23 offences the mandatory minimum punishment has been introduced.
• Big changes in Section 4 this section is related to punishment, in 6 offence the punishment of „community service‟ has been introduced.

Community Service:-

• Section 202- Public servants unlawfully engaging in trade.
• Section 209- Non appearance in response to a proclamation under Section 84 of BNSS,2023.
• Section 226- Attempt to commit suicide to compel or restraint exercise of lawful power.
• Section 303(2)- Theft where the value of the property is less than 5,000 rupees.
• Section 355- Misconduct in public by a drunken person.
• Section 356(2)- Defamation.

Conclusion

The Bhartiya Nyaya Sanhita, 2023 (BNS) marks a transformative shift in India‟s criminal law,
replacing the outdated and colonial-era Indian Penal Code, 1860. This reform is not merely
cosmetic but a comprehensive restructuring aimed at making the criminal justice system more
relevant, efficient, and in tune with contemporary societal needs. With the consolidation of
incomplete offences, the introduction of a separate chapter on crimes against women and
children, and inclusion of new crimes such as mob lynching, organized crime, and digital
offences, the BNS addresses gaps that existed in the IPC.
The law has moved towards greater gender neutrality, uniformity in age definitions, and
technological inclusivity—ensuring digital records and data theft are properly accounted for. By
eliminating colonial references and introducing community service in appropriate cases, the law
emphasizes reformative justice. Enhanced punishments and mandatory minimum sentences in
specific cases also show a firm stance on serious crimes.
Overall, the BNS, 2023 reflects a forward-looking and citizen-centric approach to justice. It
aligns with India‟s evolving socio-legal landscape and constitutional values. For legal
practitioners, students, and citizens alike, understanding this new law is crucial in order to
effectively participate in, and uphold, the justice system of modern India.

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