Bharatiya Nyaya Sanhita Bill 2023: 10 Key Provisions Explained

Source: Indian Express
GS II: Governance

Overview

1. News in Brief
2. 10 Key Provisions of Bharatiya Nyaya Sanhita Bill 2023 Explained

Why in News?

The Bharatiya Nyaya Sanhita Bill 2023 (BNS), which will repeal and replace the more than 160-year-old Indian Penal Code (IPC).

Remember: Indian Penal Code – Bharatiya Nyaya Sanhita

News in Brief

• The IPC, which was framed by the British in the year 1860, has been the core of the criminal justice system of the country

  

• Will contain new numbers for some of the most commonly used sections of the Code.
• These new numbers are not as yet final as they may change after the Bill is considered by the Standing Committee, and is debated in Parliament.
• The proposed changes including provisions related to defamation, offence against women and attempt to commit suicide.

10 Key Provisions of Bharatiya Nyaya Sanhita Bill 2023 Explained

Here are 10 important provisions used in the IPC and changes in currently proposed Bharatiya Nyaya Sanhita Sections. 

1. Sedition Law

• According to IPC Section 124A 

Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards…the Government established by law…shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

• In Bharatiya Nyaya Sanhita 
  • Word sedition does not exist in the proposed Sanhita.
  • Now covered in Section 150 of the proposed Sanhita, as Acts endangering sovereignty, unity and integrity of India.
• Detailed Provision under Section 150

“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.”

2. Section for Rape

• IPC Section 375 defines the offence of rape, and what constitutes rape.
• IPC Section 376 lays down the punishment for rape.
• In BNS: Offence of rape is defined under Section 63 of the proposed Sanhita.
  • The seven conditions of forced sexual intercourse, which constitute the offence of rape under the IPC, have been retained in the proposed Sanhita.

3. Marrying a woman, having sexual intercourse with a woman using “deceitful means”

• BNS, this is dealing in Section 69.

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: Include the false promise of employment or promotion, inducement or marrying after suppressing identity.

4. Murder

• In IPC Section 302
• BNS, Punishment for murder is laid down in Section 101, which has two sub-sections.
• Section 101(1) says
  • Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
• Section 101(2) Murder by a group
  • Proposed Sanhita says: “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.”

5. Attempt to Murder

• IPC Section 307 deals with Murder.
• BNS, attempt to murder is covered under Section 107 of the proposed Sanhita, which also prescribes the punishment for the offence.

6. Criminal Conspiracy: 120B

• IPC Section 120 B deals with Criminal Conspiracy.
• BNS criminal conspiracy is covered by Section 61(1):
  • “When two or more persons agree to do, or cause to be done–– (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy”.
• Section 61(2) of the proposed Sanhita lays down the punishment for criminal conspiracy.

7. Creating or promoting enmity

• In the IPC, this section refers to “Statements conducing to public mischief”, and statements creating or promoting enmity, hatred or ill-will between classes.
• BNS there is no section 505 in the proposed Sanhita.
  • Section 194 in the proposed Sanhita describes the offence of Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

8. Promoting enmity between different groups

• IPC Section 153A
• BNS, the offence of promoting enmity in the proposed Sanhita is covered under Section 194.

9. Defamation

• IPC 499 is defamation and IPC Section 500 lays down the punishment for defamation.
• BNS, does not have Section 499.
  • The offence of defamation is covered under Section 354 (1) of the new Sanhita.
  • Section 354(2) of the proposed Sanhita describes the punishment for defamation.

10. Cheating

• IPC Section 420: “Cheating and dishonestly inducing delivery of property”
• BNS, no Section 420 in the proposed Sanhita.
  • The offence of cheating is covered under Section 316.
  • Under Sections 316(2), (3), and (4), the punishment for cheating may extend upto three years, five years, or seven years, along with a fine.

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