Bharatiya Nyaya Sanhita (BNS), 2023

The three bills that received approval from Parliament have now attained the status of law, marking the inception of the Bharatiya Nyaya Sanhita (BNS)

Bharatiya Nyaya Sanhita (BNS), 2023

India is one of the oldest civilizations in the world, but for more than 160 years, our criminal laws were based on rules made by the British. The Indian Penal Code (IPC), 1860, was drafted during British rule and reflected colonial thinking. Although IPC served India for a long time, it slowly became outdated.

To remove colonial influence and make criminal laws more Indian, modern, and people-friendly, the Government of India introduced the Bharatiya Nyaya Sanhita (BNS), 2023.

The three bills that received approval from Parliament have now attained the status of law, marking the inception of the Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagrik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023.

This legislative overhaul supersedes the longstanding Indian Penal Code (1860), the Code of Criminal Procedure (1898), and the Indian Evidence Act (1872) respectively. A comprehensive restructuring of sections has been undertaken through amendments to these laws.

The amendments bring about notable changes, incorporating 20 new offenses and extending the punishment duration for 33 existing offenses. Furthermore, penalties for 83 offenses have been augmented.

During the parliamentary deliberations on these bills, Union Home Minister Amit Shah emphasized a pivotal shift in focus—from an emphasis on punishment to a more nuanced approach centered on the administration of justice. 

These legislative changes reflect a substantial reformation in India's legal framework, aiming to align with contemporary legal standards and address emerging challenges.

Timeline Bharatiya Nyaya Sanhita (BNS), 2023

The Bharatiya Nyaya Sanhita (BNS), 2023 is part of India’s major criminal law reform that replaced the colonial-era Indian Penal Code, 1860 (IPC). Below is a simple timeline explaining how the new law was introduced and implemented.

July 2023 – Introduction of New Criminal Bills

On 11 August 2023, the Government of India introduced three new criminal law bills. One of them was the Bharatiya Nyaya Sanhita Bill, 2023, aimed at replacing IPC and modernizing criminal law.

August 2023 – Parliamentary Committee Review

The bill was referred to the Parliamentary Standing Committee on Home Affairs for detailed examination. The committee suggested multiple improvements and changes.

December 2023 – Bill Passed by Parliament

The bill was passed by both Houses:

• 20 December 2023 – Lok Sabha
• 21 December 2023 – Rajya Sabha

25 December 2023 – Presidential Assent

The bill received assent from the President of India and officially became the Bharatiya Nyaya Sanhita, 2023.

1 July 2024 – Law Came into Force

The new criminal laws came into effect. IPC was replaced by BNS, along with BNSS and BSA being implemented.

Post July 2024 – Nationwide Implementation

Police, courts, and legal institutions across India began using the new criminal laws for investigation, trials, and legal procedures.

What is the Bharatiya Nyaya Sanhita (BNS), 2023?

The Bharatiya Nyaya Sanhita, 2023 (BNS) is India’s new criminal law that defines crimes and punishments. It replaced the colonial-era Indian Penal Code, 1860 (IPC), which had been in force for more than 160 years.

The Government of India introduced this new law to modernize the criminal justice system and make it more suitable for present-day society. The BNS was passed by Parliament in December 2023 and officially came into force on 1 July 2024.

In simple words, the Bharatiya Nyaya Sanhita is the law that explains what actions are considered crimes in India and what punishments will be given for those crimes.

The Bharatiya Nyaya Sanhita, 2023 contains 358 sections and defines various offences such as:

• Murder

• Theft and robbery

• Rape and sexual offences

• Organized crime and terrorism

• Offences against the State

Each section explains what the offence is and the punishment for it.

The BNS is part of a broader reform of India’s criminal laws. Along with BNS, two other important laws were introduced:

• Bharatiya Nagarik Suraksha Sanhita, 2023 – which replaced the Criminal Procedure Code (CrPC)

• Bharatiya Sakshya Adhiniyam, 2023 – which replaced the Indian Evidence Act

In simple terms, the Bharatiya Nyaya Sanhita, 2023 is the new law that defines criminal offences and punishments in India. By replacing the old IPC, it aims to create a modern, efficient, and justice-oriented criminal law system for the country.

Bharatiya Nyaya Sanhita (BNS), 2023 - Structure

Chapter	Clauses	Description
Chapter 1	Clauses 1 to 3	Preliminary
Chapter 2	Clauses 4 to 13	Punishments
Chapter 3	Clauses 14 to 44	General Exceptions & Right to Private Defence
Chapter 4	Clauses 45 to 62	Of Abetment, Criminal Conspiracy and Attempt
Chapter 5	Clauses 63 to 97	Of Offences against Women and Child
Chapter 6	Clauses 98 to 144	Of Offences Affecting the Human Body
Chapter 7	Clauses 145 to 156	Of Offences Against the State
Chapter 8	Clauses 157 to 166	Of Offences Relating to the Army, Navy and Air Force
Chapter 9	Clauses 167 to 175	Of Offences Relating to Elections
Chapter 10	Clauses 176 to 186	Of Offences Relating to Coins, Bank Notes, Currency Notes and Government Stamps
Chapter 11	Clauses 187 to 195	Of Offences Against the Public Tranquility
Chapter 12	Clauses 196 to 203	Of Offences by or Relating to Public Servants
Chapter 13	Clauses 204 to 224	Of Contempt of Lawful Authority of Public Servants
Chapter 14	Clauses 225 to 267	Of False Evidence and Offences Against Public Justice
Chapter 15	Clauses 268 to 295	Of Offences Affecting Public Health, Safety, Convenience, Decency and Morals
Chapter 16	Clauses 296 to 300	Of Offences Relating to Religion
Chapter 17	Clauses 301 to 332	Of Offences Against Property
Chapter 18	Clauses 333 to 348	Of Offences Relating to Documents and Property Marks
Chapter 19	Clauses 349 to 357	Of Criminal Intimidation, Insult, Annoyance, Defamation, etc.
Chapter 20	Clause 358	Repeal and Savings

Bharatiya Nyaya Sanhita (BNS), 2023

THE BHARATIYA NYAYA (SECOND) SANHITA, 2023

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ARRANGEMENT OF CLAUSES

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Section	Description
CHAPTER I: PRELIMINARY
Section 1	Short title, commencement and application
Section 2	Definitions
Section 3	General explanations
CHAPTER II: OF PUNISHMENTS
Section 4	Punishments
Section 5	Commutation of sentence
Section 6	Fractions of terms of punishment
Section 7	Rigorous or simple imprisonment
Section 8	Fine and liability in default
Section 9	Limit of punishment for multiple offences
Section 10	Punishment where offence uncertain
Section 11	Solitary confinement
Section 12	Limit of solitary confinement
Section 13	Enhanced punishment after previous conviction
CHAPTER III: GENERAL EXCEPTIONS
Section 14	Act done by person bound by law
Section 15	Act of Judge
Section 16	Act done under Court order
Section 17	Act justified by law
Section 18	Accident in lawful act
Section 19	Act done to prevent harm
Section 20	Act of child under 7
Section 21	Act of child (7–12 years)
Section 22	Act of unsound mind
Section 23	Intoxication without will
Section 24	Offence by intoxicated person
Section 25	Act done by consent (no intent)
Section 26	Act done in good faith for benefit
Section 27	Act for benefit of child/unsound mind
Section 28	Consent under fear/misconception
Section 29	Acts excluded despite harm
Section 30	Act done without consent (good faith)
Section 31	Communication in good faith
Section 32	Act under threat
Section 33	Act causing slight harm
RIGHT OF PRIVATE DEFENCE
Section 34	Things done in private defence
Section 35	Right of private defence
Section 36	Defence against unsound person
Section 37	No right of private defence
Section 38	When defence extends to causing death
Section 39	When defence extends to lesser harm
Section 40	Commencement of defence (body)
Section 41	Defence of property causing death
Section 42	Defence of property (lesser harm)
Section 43	Continuance of property defence
Section 44	Defence against deadly assault

Section	Description
CHAPTER IV: ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
Of Abetment
Section 45	Abetment of a thing
Section 46	Abettor
Section 47	Abetment in India of offences outside India
Section 48	Abetment outside India for offence in India
Section 49	Punishment of abetment
Section 50	Abetment with different intention
Section 51	Liability when different act done
Section 52	Cumulative punishment for abettor
Section 53	Liability for unintended effect
Section 54	Abettor present at offence
Section 55	Abetment of offence punishable with death/life imprisonment
Section 56	Abetment of offence punishable with imprisonment
Section 57	Abetment by public or more than ten persons
Section 58	Concealing design to commit serious offence
Section 59	Public servant concealing offence
Section 60	Concealing design to commit offence
Of Criminal Conspiracy
Section 61	Criminal conspiracy
Of Attempt
Section 62	Punishment for attempt
CHAPTER V: OFFENCES AGAINST WOMAN AND CHILD
Of Sexual Offences
Section 63	Rape
Section 64	Punishment for rape
Section 65	Punishment for rape in certain cases
Section 66	Causing death or vegetative state of victim
Section 67	Sexual intercourse by husband during separation
Section 68	Sexual intercourse by person in authority
Section 69	Sexual intercourse by deceitful means
Section 70	Gang rape
Section 71	Punishment for repeat offenders
Section 72	Disclosure of victim identity
Section 73	Publishing Court proceedings without permission
Criminal Force & Assault Against Woman
Section 74	Outraging modesty
Section 75	Sexual harassment
Section 76	Assault to disrobe
Section 77	Voyeurism
Section 78	Stalking
Section 79	Insulting modesty of a woman

Section	Description
CHAPTER V: OFFENCES AGAINST WOMAN AND CHILD (CONTINUED)
Of Offences Relating to Marriage
Section 80	Dowry death
Section 81	Cohabitation by deceitful marriage belief
Section 82	Marrying again during lifetime of spouse
Section 83	Fraudulent marriage ceremony
Section 84	Taking away married woman with criminal intent
Section 85	Cruelty by husband or relatives
Section 86	Cruelty defined
Section 87	Kidnapping/abducting woman to compel marriage
Of Causing Miscarriage
Section 88	Causing miscarriage
Section 89	Miscarriage without consent
Section 90	Death caused during miscarriage
Section 91	Preventing child from being born alive
Section 92	Causing death of unborn child
Of Offences Against Child
Section 93	Exposure and abandonment of child
Section 94	Concealment of birth
Section 95	Using child to commit offence
Section 96	Procuration of child
Section 97	Kidnapping child to steal
Section 98	Selling child for prostitution
Section 99	Buying child for prostitution
CHAPTER VI: OFFENCES AFFECTING THE HUMAN BODY
Of Offences Affecting Life
Section 100	Culpable homicide
Section 101	Murder
Section 102	Culpable homicide (different person)
Section 103	Punishment for murder
Section 104	Punishment for murder by life convict
Section 105	Culpable homicide not amounting to murder
Section 106	Causing death by negligence
Section 107	Abetment of suicide (child/unsound mind)
Section 108	Abetment of suicide
Section 109	Attempt to murder
Section 110	Attempt to culpable homicide
Section 111	Organised crime
Section 112	Petty organised crime
Section 113	Terrorist act
Of Hurt
Section 114	Hurt
Section 115	Voluntarily causing hurt
Section 116	Grievous hurt
Section 117	Voluntarily causing grievous hurt
Section 118	Hurt by dangerous weapons
Section 119	Hurt to extort property
Section 120	Hurt to extort confession
Section 121	Hurt to deter public servant
Section 122	Hurt on provocation
Section 123	Hurt by poison
Section 124	Grievous hurt by acid
Section 125	Act endangering life
Wrongful Restraint & Confinement
Section 126	Wrongful restraint
Section 127	Wrongful confinement
Criminal Force & Assault
Section 128	Force
Section 129	Criminal force
Section 130	Assault
Section 131	Punishment for assault
Section 132	Assault on public servant
Section 133	Assault to dishonour
Section 134	Assault during theft attempt
Section 135	Assault to confine
Section 136	Assault on provocation
Kidnapping, Abduction, Slavery & Forced Labour
Section 137	Kidnapping
Section 138	Abduction
Section 139	Kidnapping child for begging
Section 140	Kidnapping for murder/ransom
Section 141	Importation of child
Section 142	Concealing kidnapped person
Section 143	Trafficking
Section 144	Exploitation of trafficked person
Section 145	Habitual dealing in slaves
Section 146	Unlawful compulsory labour

Section	Description
CHAPTER VII: OFFENCES AGAINST THE STATE
Section 147	Waging war against Government of India
Section 148	Conspiracy to wage war
Section 149	Collecting arms to wage war
Section 150	Concealing plan to wage war
Section 151	Assault on President/Governor
Section 152	Act endangering sovereignty, unity and integrity
Section 153	Waging war against friendly foreign State
Section 154	Depredation on foreign territory
Section 155	Receiving property taken by war
Section 156	Public servant allowing prisoner to escape
Section 157	Negligent escape of prisoner
Section 158	Aiding escape of prisoner
CHAPTER VIII: OFFENCES RELATING TO ARMY, NAVY AND AIR FORCE
Section 159	Abetting mutiny or seducing personnel from duty
Section 160	Abetment of mutiny (if committed)
Section 161	Abetment of assault on superior officer
Section 162	Abetment of assault (if committed)
Section 163	Abetment of desertion
Section 164	Harbouring deserter
Section 165	Deserter concealed on vessel
Section 166	Abetment of insubordination
Section 167	Persons subject to certain Acts
Section 168	Wearing military garb or token
CHAPTER IX: OFFENCES RELATING TO ELECTIONS
Section 169	Candidate and electoral right defined
Section 170	Bribery
Section 171	Undue influence at elections
Section 172	Personation at elections
Section 173	Punishment for bribery
Section 174	Punishment for undue influence or personation
Section 175	False statement in elections
Section 176	Illegal payments in elections
Section 177	Failure to maintain election accounts

Section	Description
CHAPTER X: COIN, CURRENCY & GOVERNMENT STAMPS
Section 178	Counterfeiting coin, stamps, currency or bank-notes
Section 179	Using counterfeit as genuine
Section 180	Possession of counterfeit items
Section 181	Making instruments for counterfeiting
Section 182	Documents resembling currency-notes
Section 183	Removing or altering Government stamp
Section 184	Using already used stamp
Section 185	Erasing mark of used stamp
Section 186	Fictitious stamps prohibited
Section 187	Mint employee altering coin weight/composition
Section 188	Unlawfully taking coining instrument
CHAPTER XI: OFFENCES AGAINST PUBLIC TRANQUILLITY
Section 189	Unlawful assembly
Section 190	Liability of members of unlawful assembly
Section 191	Rioting
Section 192	Provocation to cause riot
Section 193	Liability of land owner for riot
Section 194	Affray
Section 195	Obstructing public servant during riot control
Section 196	Promoting enmity between groups
Section 197	Acts prejudicial to national integration
CHAPTER XII: OFFENCES BY PUBLIC SERVANTS
Section 198	Public servant disobeying law to cause injury
Section 199	Disobedience of legal direction
Section 200	Non-treatment of victim
Section 201	Framing incorrect document
Section 202	Public servant engaging in trade unlawfully
Section 203	Public servant buying/bidding property unlawfully
Section 204	Personating public servant
Section 205	Wearing public servant uniform fraudulently
CHAPTER XIII: CONTEMPT OF PUBLIC SERVANTS
Section 206	Absconding to avoid summons
Section 207	Preventing service of summons
Section 208	Non-attendance before public servant
Section 209	Non-appearance after proclamation
Section 210	Failure to produce document
Section 211	Failure to provide information
Section 212	Giving false information
Section 213	Refusing oath or affirmation
Section 214	Refusing to answer public servant
Section 215	Refusing to sign statement
Section 216	False statement on oath
Section 217	False info causing misuse of power
Section 218	Resistance to lawful seizure of property
Section 219	Obstructing sale of property
Section 220	Illegal purchase of auction property
Section 221	Obstructing public servant duty
Section 222	Failure to assist public servant
Section 223	Disobedience of public order
Section 224	Threat to public servant
Section 225	Threat to prevent legal protection
Section 226	Attempt to suicide to influence authority

Section	Description
CHAPTER XIV: FALSE EVIDENCE & OFFENCES AGAINST PUBLIC JUSTICE
Section 227	Giving false evidence
Section 228	Fabricating false evidence
Section 229	Punishment for false evidence
Section 230	False evidence to procure conviction (capital offence)
Section 231	False evidence to procure conviction (imprisonment cases)
Section 232	Threatening person to give false evidence
Section 233	Using false evidence
Section 234	Issuing false certificate
Section 235	Using false certificate
Section 236	False statement in declaration
Section 237	Using false declaration
Section 238	Causing disappearance of evidence
Section 239	Omission to inform offence
Section 240	Giving false information of offence
Section 241	Destruction of evidence/document
Section 242	False personation in legal proceeding
Section 243	Fraudulent concealment of property
Section 244	Fraudulent claim to property
Section 245	Fraudulently suffering decree
Section 246	False claim in Court
Section 247	Fraudulently obtaining decree
Section 248	False charge to injure
Section 249	Harbouring offender
Section 250	Taking gift to screen offender
Section 251	Offering gift to screen offender
Section 252	Taking gift to recover stolen property
Section 253	Harbouring escaped offender
Section 254	Harbouring robbers/dacoits
Section 255	Public servant saving offender/property
Section 256	Public servant framing false record
Section 257	Corrupt report by public servant
Section 258	Illegal confinement by authority
Section 259	Omission to apprehend offender
Section 260	Omission to apprehend sentenced person
Section 261	Negligent escape of prisoner
Section 262	Resistance to lawful apprehension
Section 263	Obstruction to apprehension of another
Section 264	Omission to apprehend (general cases)
Section 265	Resistance/escape not otherwise provided
Section 266	Violation of remission condition
Section 267	Insult to public servant in judicial proceeding
Section 268	Personation of assessor
Section 269	Failure to appear on bail bond
CHAPTER XV: PUBLIC HEALTH, SAFETY, DECENCY & MORALS
Section 270	Public nuisance
Section 271	Negligent act spreading infection
Section 272	Malignant act spreading infection
Section 273	Disobedience to quarantine rule
Section 274	Adulteration of food/drink
Section 275	Sale of harmful food/drink
Section 276	Adulteration of drugs
Section 277	Sale of adulterated drugs
Section 278	Sale of wrong drug
Section 279	Fouling public water
Section 280	Making atmosphere harmful
Section 281	Rash driving
Section 282	Rash navigation
Section 283	False signal/navigation mark
Section 284	Unsafe water transport
Section 285	Obstruction in public way
Section 286	Negligence with poisonous substance
Section 287	Negligence with fire
Section 288	Negligence with explosives
Section 289	Negligence with machinery
Section 290	Negligence in construction
Section 291	Negligence with animals
Section 292	Punishment for nuisance
Section 293	Continuance of nuisance
Section 294	Sale of obscene books
Section 295	Sale of obscene objects to child
Section 296	Obscene acts/songs
Section 297	Keeping lottery office

Section	Description
CHAPTER XVI: OFFENCES RELATING TO RELIGION
Section 298	Defiling place of worship
Section 299	Outraging religious feelings
Section 300	Disturbing religious assembly
Section 301	Trespass on burial places
Section 302	Insulting religious feelings
CHAPTER XVII: OFFENCES AGAINST PROPERTY
Theft
Section 303	Theft
Section 304	Snatching
Section 305	Theft in house/place of worship
Section 306	Theft by servant
Section 307	Theft with preparation for harm
Extortion
Section 308	Extortion
Robbery & Dacoity
Section 309	Robbery
Section 310	Dacoity
Section 311	Robbery/dacoity with grievous harm
Section 312	Attempt robbery with weapon
Section 313	Gang of robbers
Criminal Misappropriation
Section 314	Dishonest misappropriation
Section 315	Misappropriation of deceased property
Criminal Breach of Trust
Section 316	Criminal breach of trust
Receiving Stolen Property
Section 317	Stolen property
Cheating
Section 318	Cheating
Section 319	Cheating by personation
Fraudulent Property Acts
Section 320	Concealment to prevent creditor claims
Section 321	Preventing debt recovery
Section 322	Fraudulent transfer deed
Section 323	Fraudulent concealment
Mischief
Section 324	Mischief
Section 325	Mischief by harming animals
Section 326	Mischief by fire/explosive
Section 327	Mischief to transport (rail/aircraft)
Section 328	Running vessel aground for theft
Criminal Trespass
Section 329	Criminal trespass
Section 330	House-trespass
Section 331	Punishment for trespass
Section 332	Trespass to commit offence
Section 333	Trespass after preparation for harm
Section 334	Breaking open property container
CHAPTER XVIII: DOCUMENTS & PROPERTY MARKS
Section 335	Making false document
Section 336	Forgery
Section 337	Forgery of Court record
Section 338	Forgery of valuable security
Section 339	Possession of forged document
Section 340	Using forged document
Section 341	Making counterfeit seal
Section 342	Counterfeit authentication mark
Section 343	Destruction of will/security
Section 344	Falsification of accounts
Property Marks
Section 345	Property mark
Section 346	Tampering with property mark
Section 347	Counterfeiting property mark
Section 348	Making tools for counterfeit marks
Section 349	Selling goods with fake mark
Section 350	False marking of goods container

Section	Description
CHAPTER XIX: CRIMINAL INTIMIDATION, INSULT, DEFAMATION, ETC.
Section 351	Criminal intimidation
Section 352	Intentional insult provoking breach of peace
Section 353	Statements causing public mischief
Section 354	Inducing belief of divine displeasure
Section 355	Misconduct in public by drunken person
Defamation
Section 356	Defamation
Breach of Contract (Helpless Person)
Section 357	Breach of contract to attend helpless person
CHAPTER XX: REPEAL AND SAVINGS
Section 358	Repeal and savings

Important changes in the Bharatiya Nyaya Sanhita (BNS), 2023

Section 124: Earlier, Section 124 of the IPC addressed the punishment for treason. The Bharatiya Nyaya Sanhita has introduced an amendment in which the word 'treason' in Chapter 7 has been replaced by 'offence against the State', doing away with archaic British-era terminology.

Section 144: Initially, Section 144 of the IPC dealt with joining an unlawful assembly armed with a deadly weapon. This provision is now classified under crimes against public peace in Chapter 11 of the Bharatiya Nyaya Sanhita. The relevant section is now Section 187, which addresses unlawful assembly.

Section 302: Earlier, any person involved in murder was charged under Section 302. Under the new laws, such offenders will face charges under Section 101, which is classified in Chapter 6 as crimes affecting the human body.

Section 307: Before the implementation of the new law, attempt to murder came under Section 307 of the IPC. The amended law now provides for punishment for such offenses under Section 109 of the BNS, 2023 laid down in Chapter 6.

Section 376: Punishment for crimes related to rape was earlier mentioned in Section 376 of the IPC. The Indian Judicial Code now places these crimes under Chapter 5 Crimes against Women and Children, the punishment of which is defined in Section 63.

Additionally, Section 376D of the IPC, which addresses gang rape, has now been included in Section 70 of the new law.

Section 399: Earlier, Section 399 of the IPC was applicable to defamation cases. BNS has moved this provision to Chapter 19, which specifically addresses criminal intimidation, insult, defamation, etc., with defamation falling under Section 356.

Section 420: In BNS, the offense of cheating or cheating now comes under Section 316 in place of Section 420. This provision is now classified under Offenses against Theft of Property in Chapter 17 of the BNS.

Major changes

• The definition of 'gender' now also includes 'transgender'.
• The definition of 'document' now includes electronic and digital records.
• The definition of 'movable property' has been expanded to include every type of property.
• A new chapter addressing crimes against women and children has been introduced.
• The crime of attempting suicide has been removed.

New crimes, such as organized crime, terrorist acts, petty organized crimes, hit and run, mob lynching, hiring of a child to commit crime, sexual exploitation of women by deception, snatching, incitement outside India, threats to sovereignty, integrity The acts of subverting, and unity of India, and publication of false or fake news have been added.

Colonial relics like 'British Calendar,' 'Queen,' 'British India,' and 'Justice of the Peace' have been abolished.