Have you read these new and modified provisions of BNS? These are Must-Read important Amendments made to the new BNS replacing IPC. The Bharatiya Nyaya Sanhita (BNS) introduces several new and modified provisions aimed to address contemporary legal challenges in India. These provisions have been added and modified to enhance the judicial system, ensuring justice and security for all citizens. In this article, we have discussed these in detail by dividing them into three categories.
A. Definition Provisions
1. (New) Section 2(3) – Definition of a Child: “child” means any person below the age of eighteen years;
Here a child is defined as any person below the age of eighteen years. This provision aligns with international standards and ensures the protection of minors under Indian law.
2. Section 2(10) – Definition of Gender: “gender”.—The pronoun “he” and its derivatives are used of any person, whether male, female or transgender.
The pronoun “he” and its derivatives are used to refer to any person, regardless of whether they are male, female, or transgender. Definition also reflects a commitment to gender equality and recognition of all gender identities.
3. Section 2(21) – Definition of Movable Property: “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.
Movable property includes all types of property except land and things attached to or permanently fastened to the earth. Definition basically clarifies what constitutes movable property for legal purposes.
4. (New) Section 2(39) – Reference to Other Acts: words and expressions used but not defined in this Sanhita but defined in the Information TechnologyAct, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.
Words and expressions not defined in the BNS but defined in the Information Technology Act, 2000, and the BNSS, 2023, will have the meanings assigned to them in those Acts.
B. Criminal Liability and Punishments
1. Section 3(5) – Common Intention: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
When a criminal act is carried out by several persons in furtherance of a common intention, each person is liable for the act as if they had committed it alone. This provision is similar to sec 34 of IPC,which states that when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act as if it were done by him alone.
2.Section 4 – Types of Punishments:
The BNS outlines several types of punishments:
(a) Death
(b) Imprisonment for life
(c) Imprisonment, which is of two descriptions:
(1) Rigorous (with hard labour)
(2) Simple
(d) Forfeiture of property
(e) Fine
***(f) Community Service
The inclusion of community service as a punishment is a significant addition, reflecting modern approaches to reformative justice.
C. Specific Offences and Penalties
1. (New) Section 48 – Abetment Outside 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.
Illustration. A, in country X, instigates B, to commit a murder in India,A is guilty of abetting murder
A person who abets an offence outside India, which constitutes a crime if committed within India, is guilty of abetment. This provision extends the reach of Indian law to cover extraterritorial abetment of crimes.
2. (New) Section 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.
Engaging in sexual intercourse by deceitful means, such as a false promise of marriage, is punishable with up to ten years of imprisonment and a fine. This provision seeks to protect individuals from exploitation and deceit.
3. (New) Section 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.
Hiring, employing, or engaging a child to commit an offence is punishable with imprisonment of three to ten years and a fine. If the offence is committed, the person who hires is liable for the offence. This section aims to protect children from being exploited for criminal activities.
4. Section 103(2) – Mob Lynching:
When a group of five or more persons commits murder based on discriminatory grounds, each member is punishable with death or life imprisonment and a fine. This provision addresses the grave issue of mob violence and hate crimes.
5. Section 106 – Causing Death by Rash or Negligent Act:
-(1) Causing death by a rash or negligent act, not amounting to culpable homicide, is punishable with up to five years of imprisonment and a fine. If committed by a medical practitioner during a procedure, the punishment is up to two years.
– (2)Causing death by rash and negligent driving and fleeing the scene is punishable with up to ten years of imprisonment and a fine. This provision highlights the responsibility of drivers to act prudently.
Read More: Section 69 of The Bharatiya Nyaya Sanhita (BNS)
Offence Of Rape In BNS 2023, The Bharatiya Nyaya Sanhita, 2023 (BNS), Order 2 Rule 2: The Code of Civil Procedure (CPC)
6. Section 111 – Organised Crime:
Engaging in continuous unlawful activities, such as kidnapping, robbery, extortion, and cyber-crimes, constitutes organised crime. Severe penalties, including death or life imprisonment and substantial fines, apply. This section targets criminal syndicates and ensures stringent action against organised crime.
7. Section 112 – Petty Organised Crime:
Acts like theft, snatching, and unauthorised betting by a group are classified as petty organised crime, punishable with one to seven years of imprisonment and a fine. This provision addresses lower-level, yet persistent, criminal activities.
8. Section 113.- Terrorist act
This provision defines and outlines punishments for terrorist acts in India. A terrorist act includes any action intended to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic stability of India, or to instill terror among the public, either within the country or abroad. This can involve using bombs, explosives, firearms, poisonous gases, hazardous chemicals, or other lethal means to cause death, injury, property damage, disrupt essential services, or destabilize India’s currency through counterfeiting.
Punishments for committing a terrorist act vary based on the severity of the outcome. If the act results in death, the perpetrator can face the death penalty or life imprisonment, along with a fine. In other cases, imprisonment ranges from a minimum of five years to life, accompanied by a fine. Those conspiring, facilitating, or advocating for terrorist acts also face similar penalties.
The decision to register a case under this provision or the Unlawful Activities (Prevention) Act, 1967, rests with a police officer of the rank of Superintendent or above, ensuring appropriate legal actions are taken against terrorism-related activities. This comprehensive approach ensures severe penalties for actions threatening national security and public safety.
9. Section 152 – Act 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.
Explanation.––Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.
Acts that endanger the sovereignty, unity, and integrity of India, such as inciting rebellion or separatist activities, are punishable with life imprisonment or up to seven years of imprisonment and a fine. This provision safeguards national security.
10. Section 226 – Attempt to Commit Suicide to Compel Public Servant:
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.
Attempting suicide to compel or restrain a public servant is punishable with up to one year of simple imprisonment, a fine, or community service. This section addresses misuse of suicide attempts to exert undue pressure on public officials.
11. Section 304 – 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 movable 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.
Theft by sudden or forcible seizure is defined as snatching, punishable with up to three years of imprisonment and a fine. This provision aims to curb the menace of snatching, ensuring swift justice.
Summing Up
The new and modified provisions of the BNS reflect a comprehensive and modern approach to criminal justice, addressing contemporary issues with clarity and precision. These changes aim to strengthen the criminal law, ensuring that justice is served effectively and equitably. Understanding the new criminal laws is essential for all law aspirants.